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Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


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Technical  and  Bibliographic  Notes/Notes  techniques  et  bibiiographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographicaliy  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 
D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 

Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  pellicul^e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 


□    Coloured  inic  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrde  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouttes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  dt6  filmdes. 


Th 
to 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'ii  lui  a  6t6  possible  de  se  procurer.  Les  ddtails 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  methods  normale  de  filmage 
sont  indiqute  ci-dessous. 

□    Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommagdes 

I      I    Pages  restored  and/or  laminated/ 


D 


Pages  restaur^es  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxei 
Pages  d^colortes,  tachet6es  ou  piqudes 

Pages  detached/ 
Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  indgale  de  I'impression 

includes  supplementary  materit 
Comprend  du  materiel  suppldmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


Th 
po 
of 
fill 


Ori 

be 

th( 

sio 

oti 

fira 

sio 

or 


rri  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

r~y\  Showthrough/ 

I      I  Quality  of  print  varies/ 

r~]  includes  supplementary  material/ 

I      I  Only  edition  available/ 


Th< 
she 
Tl^ 
wh 

Ma 
diff 
ent 
beg 
rigii 
req( 
met 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totaiement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  d  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


V 


Additional  comments:/ 
Commentaires  suppl^mentaires; 


Various  pagings. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  fiimi  au  taux  de  rMuction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


7 

12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  hes  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  filmA  fut  reproduit  grAce  A  la 
gAnirositA  de: 

La  bibllothdque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Las  images  suivantes  ont  M  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  netteti  de  l'exemplaire  film6,  at  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration.  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmfo  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^»-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Un  des  symboies  suivants  apparaitra  sur  la 
dernlAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE  ",  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6.  il  est  f\\n\6  d  partir 
de  I'angle  supirieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

BOOKSgLLKH.1, 

Idontrtal. 


CANADA 


ARCHIVES 


ex  lihris 


/ 


n 


.-.VJfi-.r^  . 


'w-*-;'' 


/ 


DEMOCRACY   IN   AMERICA. 


BY 


ALEXIS    DE    rOC^lUEVILLE. 

TRANSl.ATf.!)    HY 

H  E  N  I^L  Y    R  !«:  K  V  E ,    \l  s  (,. . 

KDITF.n,    WITH    NOTES, 

TIIF    TKAN-^I.ATION    RKVISKI)  AND    IN    (,KKAT   I'AHT    KKWKII  Tr.N.    AXl.    IIIK    AUDI  IIONS 
MADK    TO    lUK    KI-XKNT    I'Al;!-.    KmilnNS    NOW    I-IKsT     1  K ANPI. ATKl). 

By    FRANCIS    BOWEN, 

AI.FORD    PKOFKSSOR    OK    MORAL    PIIII.OSOPHY    IN    HARVARD    UMVKFSITY. 


VOL.    I. 


SI.  (    0\I)     r.  HIT  ION. 


I 


; 


CAMBRIDGE: 
SEVER    AND    FRANCIS. 

1  8  6  ^ 


Enteri'ii  acconliiig  to  Act  of  Congress,  in  the  year  1SG2,  by 

John    I!  a  k  t  i.  i:  r  i  , 

In  the  nerk's  Olfice  of  the  District  ("ourt  of  the  District  of  MnssachuaeUs. 


a>  i 


U  y  I  VK  R  s  iTY    Pn  E  s  a  .- 
Welch.    B  i  o  e  l  o  w  .    and   C  o  m  p  a  s  t  , 

CAMliHlDlit:. 


PREFACE 


OF   THE   AMETUCAN   EDITOR. 


TTIE  present  pu])lication  has  been  ninde  to  con- 
form as  nearly  as  possible  to  the  twelffh 
edition  of  the  original  work,  the  latest  whieh 
appeared  at  Paris  under  the  direct  supervision 
of  the  author.  De  Tocciueville  jq)pended  to  this 
edition,  published  in  1850,  his  essay,  written  three 
years  before,  for  the  Academy  of  the  Moral  and 
Political  Sciences,  on  Democracy  in  Switzerland  ;  a 
full  report  of  his  remarkable  Speech  in  the  Cham- 
ber of  Deputies  predicting  the  devolution  of  1(S48 
just  a  month  before  its  occurrence  ;  and  a  feel- 
ing and  eloquent  Advertisement,  addressed  to  his 
countrymen,  pointing  them  to  the  example  of  the 
United  States,  and  urging  the  study  of  American 
institutions  as  affordinu;  the  most  instructive  les- 
sons  for  the  orffiinization  and  conduct  of  the  new 
French  republic.  These  three  additions  are  here 
tor  the  first  time  translated,  both  because  they 
have  an  intimate  connection  with  the  body  of  the 
■work,  and  because  they  reflect  much  light  upon 
the  character  and  opinions  of  the  writer  towards 
the  close  of  his  life.  The  first  of  them  is  specially 
interesting  to  American  readers,  as  it  contains  an 
able  analysis  and  criticism  of  the  republican  in- 
stitutions  of  Switzerland,  illustrated   by  frequent 


'J 


IV 


KDiToirs  n;r.i  Aci: 


coiM|)iirlson  witli  tljo  constitutiuiis  and  liiws  of  tlio 
American  rcjjiihlic.'s. 

Tlio  writci's  coiiCkIlmicc  in  tlic  nltiniatc  success 
and  ])('act't\il  cstal)lislnncnt  oi'  dcnKJciacy,  as  the 
contrtjlliiii;'  prir-iple  in  the  "jiovcrnnient  ol'  all 
nations,  seems  t(j  have  been  not  only  not  im])aired, 
hut  strengthened,  in  the  latter  ])art  of  his  life,  hy 
the  observations  which  he  continuecl  to  mnke  of 
the  trial  that  it  was  undergoing  in  the  United 
States,  and  of  the  progress  and  i)rosperity  of  this 
counlry  in  the  years  subsecpient  to  the  lii'st  pub- 
lication of  his  great  work.  And  it'  his  life  had 
been  spared  to  witness  the  terrible  ordeal  to 
which  the  ])rovidence  of  (Jod  is  now  subjecting 
us,  it  may  confidently  be  believed  that  this  trust 
on  his  ])art  would  not  have  been  shaken,  even  if 
he  should  have  been  com})elled  to  admit,  that  the 
Federal  tie  which  once  bound  our  large  I'amily  of 
democratic  States  together  would  probably  never 
be  reunited.  JTe  would  clearly  have  seen,  what 
most  of  the  politicians  of  Europe  seem  at  present 
incapable  of  perceiving,  that  it  is  not  re])resenta- 
tive  democracy,  but  the  Federal  principle,  which 
is  now  on  trial,  and  that  the  only  question  is, 
whether  any  bond  is  strong  enough  to  hold  to- 
gether a  confederacy  so  populous  and  extensive 
as  to  form  in  the  ay:ij!:regate  the  largest  and  most 
])owerful  empire  that  the  world  has  ever  known. 
lie  who  would  attempt  to  mtdvc  up  his  own  opin- 
ion on  this  great  question  can  find  no  better  guide 
than  in  the  present  work.  De  Tocqucville  is  the 
friend,  but  Ijy  no  means  the  indiscriminate  eulo- 
gist, of  American  institutions ;  and  his  criticisms, 
which  are  shrewd  and  searching,  ought  to  be  even 
more  welcome  than  his  commendations,  for  they 
are  more  instructive.     He  foresaw,  if  not  the  im- 


KDiKdis  i'i;i;i  Aci;. 


iiiiiK'nci',  ill  li'iist  i\w  i)i()l);il»ilit V,  of  the  ••rriit 
com  iilsioii  wliicli  the  cuuiitry  is  now  uikIcilio- 
iiii:' ;  i<M(l  tlicit*  ciiii  !)(»  MO  (jlfiiriT  iiidicMt ioii  ol' 
tlir  cimsos  wliicli  lijivc  Ml  l;is1  iiiduciMl  it.  tliiin 
tliiit  wliich  wjis  UMuU'  \)y  this  wise  and  iiiipin'tial 
I'oiciLincr  lu'iirlv  tliictx'  scars  au'o. 

TliL'  notes  wliicli  I  iia\o  made,  tlioiioli  somc- 
wluit  numerous,  are  u'enei-allv  very  bricl'.  Tlii'V 
are  notes,  and  not  disciuisitions,  mv  o)»ieet  heiii'j: 
ojdy  to  (dueidate  or  eoireet  the  text,  and  not  to 
coiitiovert  or  su])})lement  it  by  foist in;L^'  my  own 
oj)inions  upon  the  reader's  notice.  Most  oi'  tliem 
(U'e  only  corrections  ol'  sliLilit  errors  o!i  points  of 
detail,  sucli  as  a  stranuei'  mIio  made  lait  a  short 
stay  in  the  country  couhl  not  he  expected  to 
a\()id,  or  noti(!es  tliat  some  statements  now  I'c- 
(piire  to  ho  limited  or  modified,  in  conse(pience 
of  the  changes  that  have  taken  })lace  duriuLi,'  the 
last  ((uarter  of  a  century.  An  outline  sketch  of 
l)e  Toc(juevillc's  life  is  designed  only  to  satisfy 
curiosity  as  to  the  chief  points  in  his  career,  Avith- 
out  entering  into  any  analysis  of  his  character 
and  labors.  Those  who  seek  further  information 
can  ol)tain  it  from  the  Memoirs  and  Correspondence 
that  have  recently  been  published  by  his  lile-long 
friend,  M.  de  Beaumont. 

In  accepting  an  invitatioi.  to  become  the  editor 
of  this  work,  I  .supposed  that  it  would  only  be 
necessary  for  me  to  translate  the  new  matter  that 
had  been  appended  to  the  recent  editions  of  the 
original,  and  to  sui)ply  such  brief  annotations  as  a 
careful  revision  of  the  text  might  show  to  be  ne- 
cessary. It  was  intended  to  fiu'nisli  an  exact  re- 
print of  the  English  translation,  which  passed  to  a 
second  edition  in  Lon(h)n,  a  year  ago,  under  the 
respectable   name   of  Mr.   Henry   Keeve.      But  a 


VI 


i;i>iroi!s  i'i:i:iA(i; 


coiiipiiiisoM  ((('  it  ^vitll  tlic  oiiuiiiiil  w;is  liiirdly 
hi'^im,  hd'orc  I  IuuikI  to  iiiv  disiiuiy  that  tliis 
tnnisl.'ition    wjis    iittcii}-    iiia(l(j(|uati'   and    untriiht- 


woitliv.  As  a  j)i('tty  tlioroii^h  t'Xposurc  of  its 
(leiiicrits  lias  reccntlv  Itt'cii  made  in  an  Kni^Iisli 
])('ri()di(.'al,  wlicro  tliciv  can  hu  iiu  snspiciDii  of  an 
\inlav()ial>U'  bias,  1  can  liavc  no  scrn])lc  in  spcakiiii^ 
ol'  it  as  it  deserves.  It  is  ucnerallv  I'eehle,  inele- 
i^ant,  and  verbose,  and  too  often  «)l)scnre  and  in- 
correct. On  coinnariiiii;  everv  line  of  it  \\\\\i  the 
original,  the  .'dtei'ations  which  were  foniid  to  he 
iiecessarv  were  so  iiiinierons  and  sweeniiiLi-.  that 
j)erhaps  the  present  edition,  of  the  first  vcduine  at 
least,  niiu'ht  more  fitly  1)0  called  a  new  translation 
than  an  amende(l  one.  The  second  volume,  1 
omrht  to  sav,  is  somewhat  lietter  done  ;  as  it  was 
])uhlished  several  years  (d'ter  the  appearance  of 
the  first,  formini,^  in  lact  a  distin(;t  work,  the  trans- 
lator had  found  time  to  increase  his  Jamiliaritv 
with  the  French  languaue,  and  even  to  mjd'ie  some 
i)roi!:res.s  in  his  knowled<'e  of  Enulish. 

This  is  plain  speakinii",  and  1  feel  hound  to  vin- 
dicate it.  \)y  olferin<^  some  specimens  of  the  tians- 
lation,  hoth  in  its  ])rimitive  and  its  amended  state. 
The  followiu!''  extra(;ts  are  taken  almost  at  random 
from  the  body  of  the  book,  and  the  original  is  ])re- 
iixed  to  facilitate  the  labor  of  comparison.  The 
citations  are  all  from  the  first  volume,  and  the 
references  for  Mr.  lleeve's  translation  are  to  the 
second  London  edition,  Lonirmans,  1862. 


Dl's  lioninies  sacrifient  h,  unc  opinion  roli^ieusc  Iciirs  amis,  lour  faiiiille 
ct  li'ur  pntrii' ;  on  jx'Ut  les  croirc  ul)sorl)e.s  dans  la  poursuite  de  co  1)ii'n  inti-l- 
lectui'l  qu'ils  sont  vciuis  aclietcr  ii  si  liaut  prix.  On  ics  voit  (I'pcnilant  ro- 
clierclior  d'une  ardour  proscjue  o'^'ale  ics  rioiiossos  matorielies  ct  los  jouissaiioos 
morales,  lo  liol  dans  I'autro  moudo,  le  iiion-otre  ot  la  lihorti'  dans  colui ci. 
Sous  Icur  main  los  prin(i])os  politi(pios,  les  lois  ot  los  institutimis  linniainos 
semblent  clioscs  malloables,  ciui  pcuvent  se  tourner  et  sc  combiner  ii  volonte. 


EDITOR'S  rRi:r.\cK. 


VII 


T)i'vinit  f'tix  "i'lilmix-;'!!!  los  ImrriJ'rt'S  (\\i\  umpri-onnuiciit  la  «o(it't<'  an  Mm  A*' 
la(|ii('lli'  iU  Koiit  '.UM  ;  K's  vifilles  (ipiiiiDiis,  i|iii  (li'|iiii>  ih-"  su'cli'x  iliii^i'aiciit 
Ic  inurnic,  H't'vaiioiiisstnt  ;  mu'  nirrit-ro  pnsiiiu'  nans  iKtriu's,  un  diainp  sans 
hori/oii  M'  ilt'Vonvre  :  I'tsprit  Iniiiiain  s'y  |p|f(ipitt' ;  il  Ifs  panoiirt  tii  tiMw 
sftis  ,  iiiai>,  arrivt'  aiix  liiniti'-i  ilii  imiiidc  puliiii|tii>,  11  >'airt*li'  ili-  Iiiiini'iiu'  ; 
il  (i('p')-io  I'll  tri'iiilil.mt  I'li^am'  iK'  sc^  pin-;  rcilinitalilt^  fariilii's  ;  il  alpiurf  K- 
floiitf  ;  ii  rt'tKincc  an  lusriin  (rinnuviT  ;  il  ■"'alx.tifiit  itii'inc  lic  ^uuIimt  ji- 
voile  tiu  sriK'tiiairL' ;  i!  s'incliiu'  avic  nsju'it  ilevaiil  lU's  viiitcs  cpi'il  adiiirt 
sans  lvv<  <li<iiJtt'i'.  —  ]'.  .")-'. 


RkEVK's    'rUANSLATION. 

It  mij^lit  lie  iii.a'^iiH'il  tliaf  tin'ii  wlio 
sai'iitii'i'd  iliiir  (rii'iiils,  their  t'atiiily, 
Hinl  tlifir  native  laiul  to  a  it'liLiiiuis 
('(nivictidii,  wiTi"  ali»(>rlicil  in  the  pur- 
suit of  the  iiiti'ilfctnal  advantai;!'-. 
wliicli  tlii'v  punliMsrd  at  x)  dear  a 
rate.      Tlu'    I'lU'rL'v,    li(i\vi'\('r,   with 

\vhirli  they  strove  tor  the  aeipiiri'- 
inuiit  (if  wi'aitli,  moral  I'lijuyiiieiit, 
and  llie  eomfDrt-i  a^  well  a'*  hheriie-; 
of  the  wiirld,  is  scarcely  inferior  to 
that  wiih  wiiieh  they  de\uted  tlK'in- 
Helves   ti)    liea\'en. 

Toiitieal  principles,  and  all  human 
laws  and  institutions  were  moulded 
and  alteroil  at  their  pleasure  ;  the 
harriers  of  the  society  in  wliidi  they 
were  horn  were  hrnken  liown  hefore 
thcin  ;  the  oM  jirinciplcs  which  had 
jjovi'rned  the  world  for  ai_a's  were  lu) 
more  ;  a  path  without  a  tirm,  and  a 
lielil  witlmtit  an  horizon  wi're  opened 
to  the  expliirinL'  and  ardent  curiosity 
of  man  :  hut  at  the  limits  of  tlu'  po- 
litical World  he  checks  his  resi'archcs, 
he  discreetly  lay^  aside  tin.'  use  of  his 
most  formidahle  faeulties.he  no  loHL'er 
consents  to  doubt  or  to  imiovati'.  hut 
carefully  ahstainiiiL''  from  rai-in;;  the 
curtain  of  the  .sanctuary,  he  yields 
with  sulimissive  re-iicct  to  truths 
which  he  will  not  discuss.  —  j).  M.'3. 


IIeviskd  Ti{.\Nsr,.vTH)\. 

One  woidd  think  that  men  who  hail 
sacriliccil  their  tVicniU,  their  fannly, 
ami  their  native  land  to  a  reliuiuiis 
('•mvii'tioii  Would  he  wholly  aliMH'lii  d 
in  the  pursuit  of  the  treasure  which 
they  had  just  puriha«ei|  at  so  lii^h  a 
price.  And  yet  we  lind  them  seeking; 
with  nearly  eipial  zeal  for  matcn.d 
wealth  ami  tmiral  ;:ood,  —  tor  wdl- 
hein^  and  freedom  on  earth,  ami  sal- 
vation in  heaven.  They  moulded  and 
alteri'd  at  plea-iin'  all  political  prm- 
eiples.  ami  all  human  laws  and  insti- 
tutions ;  they  hroke  down  the  haniers 
of  the  society  in  wliiili  they  were 
horn  ;  they  disretrarded  thi'  (dd  |irin- 
ciples  which  had  i:overned  the  world 
for  aecs  ;  a  career  without  lioumls,  :i 
tield  without  a  horizon,  was  opened 
hefove  them  :  they  precipitate  them- 
s(dves  into  it.  ami  traverse  it  in  every 
direction.  Hut,  havin;.''  reached  the 
limits  of  the  political  world,  they  stoji 
of  their  own  accord,  and  lay  a-id*! 
with  awe  the  use  of  ilu'ir  most  formi- 
dalile  faculties;  they  no  loiii^er  douht 
or  inmnatc  ;  they  ahstain  from  rais- 
ing even  the  veil  of  the'  sanctmiry, 
and  how  with  snhmissive  respect  he- 
fore  truths  which  they  admit  without 
discussion.  —  p.  54. 


Chez  les  jictites  nations,  Pieil  de  la  societe  penetre  partout  ;  Tesjirit 
tl'amelioration  descend  Ju<iiue  dans  les  moindros  details  :  I'amliition  du  |ieu- 
l)le  etant  fort  temjiere'e  par  sa  faihlessc,  ses  cfft)rts  et  ses  rcssouree.s  se  tour- 
nent  jire^iiue  eiitierement  vers  son  hieii-etre  interieiir,  et  tie  sont  jioiiit  sujets 
a  se  dissiper  en  vaine  funiee  de  jrloirc.  I)e  plus,  les  faeult('S  de  cliacun  y 
otant  <:c'n('ralement  hornecs,  U'S  de'sirs  le  sont  e;_Mlement.  La  mediocritc'  des 
fortunes  y  rend  les  eonditioiis  ii  pen  pres  eirales  ;  les  imenrs  y  ont  une  allure 
simjile  et  paisihie.     Ainsi,  a  tout  prendre  et  en  faisant  etat  dcs  divers  ilegres 


Mil 


r.itiToiis  i'iM:r.\rK. 


I  r 


•1"'  inonililr  rf  lie  linnitTc,  on  rciuoiitn 
plus   il'iii-iiiticf,   lie   |iii|)ulatiiiii  it   ili-   t 
|>.  I'Ji). 

1{i;i;vi:'m  Tiianmlatimn. 

Ill  siiiJill  nutiuiis  till'  siriitiiiy  of 
.M)(iilv  |priii'liali-<  iiilo  I'M!)'  |i;iil, 
mill  till-  >i|iii'it  of  iiii|iriivi'iTii'iit  ciiirri 
into  till-  iiio«t  trilling'  liitail^  ;  a^  tin* 
iiiiiliiiinn  of  till-  |ii'o|ili'  is  niri'>Mirily 
rlicrkcci  liy  its  wi'iiktli'ss,  III!  till'  ri- 
fiirts  anil  nsoiirri'S  of  the  citi/i'iis  an' 
tniiii'il  to  till'  intrrnal  ln'iiilit  of  tlif 
I'oininnnity,  ami  an'  not  likely  to 
t'Va|ioial<'  ill  till-  lii'clin;,'  liiratli  of 
^lol•y.  'i'hr  i|i'»irrs  nf  I'M'iy  inili\iil- 
iial  arc  liiniliil,  ln'cansi'  ■xirannlinary 
fai'iillii's  ail'  ranly  to  lie  incl  with. 
'I'lir  yifl.H  of  an  r(|iial  foitnin'  rciiilrr 
till-  various  cuniliiions  of  lift'  iiniforni  ; 
anil  till'  nianiit'i's  of  tlic  inlialiitaiils 
art'  onli'iiy  ami  siiii|ilc.  'I'liiis,  if  niic 
istiinatt'  till'  ;;iailatiuns  of  |io|iiiiar 
morality  ami  riili^^lilininriit,  wi'  sliall 
;:onei'ally  timi  that  in  small  nations 
tliiTc  arc  more  persons  in  easy  i  ir- 
eiimstunees,  a  more  nnmerons  pojni- 
lation,  ami  a  more  ti'am|iiil  state  of 
Koeiefv,  than  in  [j;reat  empires.  —  p. 
17*;.    ' 


onlinuiremeiit  eliez  los  pctitcs  nations 
raiHpiillite'    ipic   ehez   |es  (;ran<K'i». — 

I{|;V|H|.I»    'i'ltwst.  \TIOX. 

In  small  states,  the  watehfiilnefitt 
III  soeii  ly  pi  iietrales  into  e\ery  part, 
ami  the  spirit  of  improvement  enters 
into  the  smallest  details  ;  the  ainhi- 
lion  of  the  people  lieiny  iieees-arilv 
ehei'keil  hy  its  wiilklli'^s,  all  the  ('}■- 
fnrt>  ami  resmirees  i,t  the  eiti/eiis  are 
tiiiiieil  to  the  internal  wcll-heiny  of 
the  eommiiniiy.  ami  are  not  likely  to 
evaporate  in  tin;  tleeiiiiy  hii'ath  of 
;.'lory.  The  powers  of  iMry  imliviil- 
nal  heia;:  ;:enerally  liniiteil,  his  i|(>. 
sires  are  propuitioiially  >inall.  Me- 
ilioerity  oi'  fortune  makes  the  various 
eoiiililions  of  life  nearly  eipial,  ami 
the  manners  of  the  inlialiilaiits  arc 
oiileiiy  ami  >imple.  'I'liu^,  all  thiii;:s 
eiiii^iili'i'eil,  ami  allowanei'  liein^  made 
for  the  Miiioiis  (le;;rei's  of  morality 
and  i'idi;:hteiiim'iit,  wi;  shall  ireiierally 
find  in  small  iiatiniis  more  ease,  popii- 
laiion,  and  trampiiliity  than  in  larj^u 
ones.  —  11.  'J()2. 


On  lie  rencontrera  jamais,  fpioi  (pi'on  fassc,  do  n'ritahle  pnissaneo  parnii 
lew  hoinmes,  (pie  dans  lo  eonconrs  lihre  des  voloiiK'S.  Or,  il  n'y  a  an  moiide 
(liie  le  patriotisme,  on  la  reli;;ion,  ipii  pnisse  faire  marcher  pendant  loiij;- 
teiiips  vers  nil  nieiiic  hut  riini\('i>aliti'  des  eitoyeiis. 

11  lie  depend  pas  dcs  lois  dc  raninier  des  einyanees  (pii  s'c'tci;:ni'iit ;  niais 
il  depend  dos  lois  d'inte'rosscr  les  hommes  anx  destinecs  dc  leur  jiays.  II 
depend  des  lois  de  reveiller  et  ilc  diriLrcr  ect  instinct  vamie  de  la  patric  qui 
ii'ahandonne  jamais  Ic  eu'iir  dc  rhomiiu',  et,  en  le  liant  anx  pensccs,  aux 
pa>sioiis,  anx  hahitiidcs  dc  ehaipic  jour,  d'l  n  fairc  uii  sentiment  retleehi  ct 
dnrahlc.  Et  (lu'on  nc  djsi.  point  (;u'il  est  trnp  tard  ])onr  le  tenter  ;  Ics  na- 
tions no  vicillisscnt  jioint  dc  la  mcine  maniere  que  les  homines,  ("haipie 
f^'oneration  (|ni  nait  dans  Icnr  sein  est  eomtne  un  peuple  nouvcaii  qui  vieiit 
s'olVrir  a  la  main  du  le^i>lateiir. — pp.  ll.'J,  114. 

ItEEVE's    TlJANSLATION".  RlCVISKl)    TjlANSLATIOX. 

Whatever  exertions  may  he  made,         Do  what  yon  may,  there  is  no  true 

no  true  power  can  he  founded  amoiiL:  jiuwer  anion;;  men  except  in  the  iVee 

men  which  docs  not  depend  upon  the  union  of  their  will;  and  jiatriotisni  op 

free  union  of  their  inclinations;  and  nliuion  are  the  only  two  motives  in 

patriotism   or   religion   arc   the   only  the  world  which  can  loii;,Miriro  all  the 

two  motives  in  the  world  which  can  people  towards  the  same  end. 


F.DiTons  rnriACE. 


IX 


Ix'rmiincntly   iliroct   tin'  whole  of  ii 
luily  |i()liii('  to  Olio  tnii. 

I.aw*  caiiiiiit  Mnfr.'il  in  rfkiinlliii^ 
tht'  iUilur  of  an  cxtiii^ui-licil  tailli  ; 
1)111  iiii'ii  may  In'  iiitirt'>tt  il  iii  tlif  late 
ol' their  lomiiry  hy  tlir  hiws.  Hy  this^ 
iiitlucnci',  the  vu>;iie  iinpulst'  of  pa- 
tiii>ii>iii,  whiili  iifvcr  aiianihms  the 
hum. Ill  licait,  may  he  iliiected  ami 
VfviMil;  ami  if  it  lie  riiiiiiecteil  with 
the  lliiiii^ht^,  the  pa>^iniis,  ainl  the 
daily  haliits  of  life,  it  may  he  eoii^oli- 
(lateil  into  a  tliirahle  ami  rational  m'II- 
tiinent.  Let  it  not  he  ^aid  that  the 
time  for  the  expeiimeiit  i^  already 
past  ;  fur  the  idd  a;;e  of  nalions  is 
not  like  the  old  au'e  of  men,  and 
every  froli  generation  is  a  new  peo- 

tile  ready  for  tlio  cure  of  the  Icyiti- 
utor.  —  p.  yS. 


Laws  cannot  nkindie  nn  e\tin- 
Ciii'<lied  faith  ;  hut  men  may  he  iii- 
teiv>|rd  hy  the  law>  in  the  fate  of 
their  eoiititry.  It  depends  nprni  ilie 
laws  to  awaken  ami  ihieci  the  vauiii) 
impulse  of  patriotism,  wliieli  iie\er 
iihiimlon.s  the  human  heart  ;  and  if  it 
lie  eoniieeted  with  the  thoughts,  the 
passions,  and  the  daily  lialut"  of  lite, 
il  may  he  euiisolid.ited  into  a  diiraMo 
and  raiional  sentiment.  Let  it  not  he 
said  that  it  is  too  late  to  make  the 
experiment ;  for  nations  do  not  ;:iow 
old  as  tneti  do,  and  every  fresh  mu- 
eiation  is  ii  new  people  read\  lor  the 
care  of  the  leyi>lator.  —  p.  1 18. 


La  <'oinmnne,  prise  en  masse  ct  jiar  rapport  nil  (jouverncinent  central, 
n'est  qii'iin  iiidividii  eomnie  uii  autre,  auipiel  s'appliipie  la  tlaiorie  (pic  je 
viens  d'indiipier. 

La  liherte  eommnnalo  deeoule  doiie,  aiix  Ktais-L'nis,  du  dojjiiie  mOme. 
de  la  Huuverainetu  du  jieuple  ;  toute.s  les  repuhliqiies  anierieaines  unt  plus  ou 
moins  rcconnu  cette  indqieiidanee  ;  inais  ehuz  les  pouples  do  la  Nouvelle- 
Aiijileterre,  les  circoiislances  eu  ont  partieulierenient  favorise  le  dcfveloppe 
nient. 

Datis  cette  partio  de  I'Union,  la  vie  politiiiuc  a  pris  naissaneo  au  sein 
memo  des  communes ;  on  i)ourrait  presque  dire  qu'ii  son  ori;,Mne  cliaeune 
d'elles  etait  nne  nation  inde'peiidante.  Lorsipic  ensuite  les  rois  d'An^'leterre 
reelamereiit  leur  part  de  la  souveiainete,  ils  se  horrierent  a  premlre  la  puis- 
sance ccntrale.  Ils  laissercnt  la  commune  dans  I'ctat  oil  ils  la  trouverent ; 
luaintonant  les  communes  de  la  Nouvelle-Angleterro  sont  sujettes  ;  iiiais 
dans  le  prineipe  dies  ne  r(^taient  point  ou  I'etuiont  ii  peine.  Klles  n'ont  done 
pas  rceu  leurs  pouvoirs ;  ce  sont  elles  au  tmitraire  (pii  semhieiit  s'etii!  des- 
saissics,  en  favcur  de  I'fjtat,  d'une  portion  de  leur  inde'pendanee  :  distinction 
importantc,  et  qui  doit  rcster  jM-esente  a  I'esprit  du  leeteur. 

Les  communes  nc  sont  en  j;e'n('ral  soumises  a  I'Ktat  que  quand  il  s'aj^it 
d'un  interet  que  j'appellerai  social,  e'est-ii-dirc  qu'elles  partagent  avcc  d'autres. 
Pour  tout  cc  qui  n'a  rapport  qu'ii  ellcs  scales,  les  communes  sont  rcstces  des 
corps  independants  ;  et  parmi  les  habitants  do  la  Nouvelle-Angleterre,  il  ne 
s'en  rencontre  aucun,  je  pense,  qui  rcconnaisso  au  gouvcrneinent  dc  i'iitat  le 
droit  d'intervenir  dans  la  direction  des  interets  purement  communaux. 

On  voit  done  les  communes  do  la  NouvcUe-Anglctorre  vemlre  et  aclicter, 
attaquer  et  se  defendrc  devant  les  tribunaux,  charger  leur  budget  ou  le 
de'grever,  sans  qu'aucuno  autorite'  administrative  quelconquc  songe  h,  s'y 
opposcr. 


'  i 


■  J 


H 


X  EDITOR'S   PPvKFACE. 

Quant  mix  devoirs  sociaux,  dies  sont  tenucs  d'y  satisfaire.  Ainsi,  I'foat 
a-t-il  besoin  d'arf,'cnt,  la  commune  n'est  pas  libre  do  lui  aroordcr  ou  dc  lui 
refuser  son  concours.  L'Etat  veut-il  ouvrir  une  route,  la  commune  n'est  pas 
maitressc  dc  lui  fern)cr  son  territoire.  Fait-il  un  reglcment  de  police,  la 
commune  doit  I'executer.  Veut-il  organiser  I'instruction  sur  un  jjlan  uni- 
formc  dans  toute  I'etenduc  du  pays,  la  commune  est  tenuc  de  creer  les 
ecoles  voulucs  par  la  loi.  —  pp.  77,  78. 


Keeve's  Translatiov 

The  township,  taken  as  a  whole, 
and  in  relation  to  tlie  government  of 
tlie  country,  may  he  looked  upon  as 
an  individual  to  wiioni  the  theory  1 
have  just  alluded  to  is  applied.  Mu- 
nicipal independence  is  therefore  a 
natural  conse<|ucnce  of  the  principle 
of  the  sovereignty  of  the  people  in 
the  United  States  :  ail  the  American 
republics  recogni/e  it  more  or  less  ; 
but  circumstances  have  peculiarly 
favored  its  growth  in  New  England. 

In  tliis  part  of  the  Union,  the  im- 
pulsion of  political  activity  was  given 
in  the  townships  ;  and  it  may  almost 
he  said  that  each  of  them  originally 
formed  an  independent  nation.  Wlien 
the  kings  of  England  asserted  their 
supremacy,  they  were  contented  to 
assume  tiie  central  power  of  the  State. 
Tiic  townships  of  New  England  re- 
mained as  they  were  before  ;  and  al- 
though tliey  are  now  subject  to  the 
State,  tliey  were  at  first  scarcely  de- 
pendent upon  it.  It  is  important  to 
rememl)er  that  they  have  not  been 
invested  with  privileges,  but  that  tiiey 
have,  on  the  contrary,  forfeited  a  por- 
tion of  their  independence  to  the  State. 
The  townsliips  are  only  subordinate 
to  the  State  in  those  interests  which 
I  shall  term  social,  as  they  are  com- 
mon to  all  tiie  citizens.  They  are 
independent  in  all  tliat  concerns  them- 
selves ;  and  amongst  the  inhabitants 
of  New  England  I  believe  tliat  not  a 
man  is  to  be  found  who  Avould  ac- 
knowledge that  the  State  has  any 
right  to  interfere  in  their  local  inter- 
ests. The  towns  of  New  England 
buy  and  sell,  prosecute  or  arc  indicted, 
augment  or  diminish  their  rates,  with- 
out the  slightest  opposition  on  the 
part  of  the  administrative  authority 
of  the  State. 

They  are  bound,  however,  to  cora- 


Revisfd  Traxslatiojt. 

The  township,  taken  as  a  whole, 
and  in  relation  to  the  central  govern- 
ment, is  only  an  individual  like  any 
otiier  to  wiioin  tiie  theory  I  huve  ju>t 
d('scril)cd  is  applical)le.  Municipal 
independence  in  the  United  States  is, 
therefore,  a  natural  consetpience  of 
this  very  principle  of  the  sovereign tv 
of  the  people.  All  the  American  re- 
publics recognize  it  more  or  less  ;  i)ut 
circumstances  have  peculiarly  favored 
its  growth  in  New  England. 

In  this  pait  of  the  Union,  political 
life  has  its  origin  in  the  townships  ; 
and  it  may  almost  be  said  that  each 
of  them  originally  formed  an  inde- 
pendent nation.  When  tlie  kings  of 
England  afterwards  asserted  their 
supremacy,  they  were  content  to  as- 
sume the  central  power  of  the  State. 
They  left  the  townships  where  they 
were  before ;  and  although  they  are 
now  subject  to  the  State,  they  'were 
not  at  first,  or  were  hardly  so.  They 
did  not  receive  their  powers  from  the 
central  authority,  but,  on  the  contrary, 
they  gave  up  a  portion  of  their  inde- 
pendence to  the  State.  This  is  an 
important  distinction,  and  one  which 
the  reads-r  must  constantly  recollect. 
The  townships  are  generally  sui)ordi- 
nate  to  the  State  only  in  those  inter- 
ests which  I  shall  tenn  social,  as  they 
are  common  to  all  the  others.  They 
are  independent  in  all  that  concerns 
themselves  alone ;  and  amongst  the 
inhabitants  of  New  England  I  believe 
that  not  a  maii  is  to  be  found  who 
would  acknowledge  that  the  State 
has  any  right  to  interfere  in  their 
town  affairs.  The  towns  of  New 
England  buy  and  sell,  prosecute  or 
are  indicted,  augment  or  diminish 
their  rates,  and  no  administrative  au- 
thority ever  thinks  of  offering  any 
opposition. 


.    I 


M 


EDITOR'S   TRKFACE. 


XI 


ply  with  the  ('('mands  of  the  cntnmii- 
iiity.  If  the  State  is  in  need  of  itidiu'v, 
a  town  can  neither  (.'ive  nor  witliiiold 
the  snpplies.  If  tiie  State  projects  a 
road,  tiie  township  cannot  refuse  to 
let  it  cross  its  territory  ;  if  n  police 
repuhition  is  made  hy  the  State,  it 
must  l)e  enforced  hy  the  town.  A 
nnifortn  system  of  instruction  is  orpi- 
nized  all  over  the  country,  and  every 
town  is  hound  to  cstahlish  the  schools 
which  the  law  ordains.  —  pp.  60,  Gl. 


There  nro  certain  social  duties, 
however,  which  they  are  hound  to 
fidtil.  If  the  State  is  in  need  of 
money,  a  town  cannot  withhold  the 
snpplies;  if  the  State  priij(!cts  a  road, 
the  township  cannot  refuse  to  let  it 
cross  its  territory  ;  if  a  police  regula- 
tion is  made  hy  the  State,  it  must  he 
enforced  hy  the  town  ;  if  a  uniform 
system  of  puhlic  instruction  is  enact- 
ed, every  town  is  hound  to  cstahlish 
the  schools  which  the  law  ordains.  — 
pp.  80,  81. 


they 
ey  are 
were 
They 
om  the 
trary, 
inde- 
is  an 
which 
ollect. 
hordi- 
inter- 
i  they 
They 
)ncerns 
;st  tlie 
helievo 
id  who 
State 
their 
New 
■ute  or 
minish 
ive  au- 
any 


J 


T)'une  autre  part,  je  doute  fort  qu'un  vetement  particulier  porte  les 
hommes  puhlics  Ji  se  respecter  eux-memes,  quand  ils  ne  sont  pas  natu- 
rellement  dispose's  "i  Ic  faire  ;  car  je  ne  saurais  croire  qu'ils  aient  plus  d'eyard 
pour  leur  habit  cjue  pour  leur  personne. 

Quand  je  vols,  parmi  nous,  certains  magistrats  hrusquer  les  parties  ou 
leur  adrcsser  des  hons  mots,  lever  les  I'paides  anx  moyens  de  la  defense  et 
sourire  avcc  complaisance  a  Tenumeration  des  charges,  je  voudrais  qu'on 
essayat  de  leur  oter  leur  rohe,  afin  de  de'couvrir  si,  se  trouvant  vetus  commo 
les  simples  citoycns,  cela  ne  les  rappellerait  pas  a.  la  dignite  naturclle  do 
I'espece  humaine. 

Aucun  des  fonctionnaires  publics  des  fetats-Unis  n'a  de  costume,  mais 
tons  recoivent  un  salairc. 

Ceci  decoule,  j)lus  naturellement  encore  que  ce  qui  precede,  des  prin- 
cipes  democraticiues.  Une  democratic  peut  environner  de  ponipe  ses  ma- 
gisirats  et  les  couvrir  de  sole  et  d'or  sans  attaquer  directement  le  principo 
de  son  existence.  De  pareils  privile'ges  sont  passagers  ;  ils  tiennent  a  la 
place,  et  non  ii  riiomnie.  Mais  etahlir  des  fonctions  gratuites,  c'est  cre'er 
une  classe  de  fonctionnaires  riches  et  independants,  c'est  former  le  noyau 
d'une  aristocratic.  Si  le  peujjle  conserve  encore  le  droit  du  choix,  rcxercice 
de  ce  droit  a  done  des  homes  ne'cessaires. 

Quand  on  voit  une  re'puhlique  democratique  rendre  gratuites  les  fonc- 
tions re'tribuees,  je  crois  qu'on  peut  en  conclure  qu'elle  marche  vers  la 
monarchic.  Et  quand  une  monarchie  commence  a  retribuer  les  fonctions 
gratuites,  c'est  la  marcjue  assuree  qu'on  s'avancc  vers  un  e'tat  despotique  ou 
vers  un  e'tat  re'publicain.  —  pp.  245,  246. 


Reeve's  Tilvkslatiox. 


Revised  Translation. 


On  the  other  hand,  it  is  very  doubt-  On  the  other  hand,  it  is  very  doubt- 
ful whether  a  peculiar  dress  contrih-  ful  whether  a  peculiar  dress  induces 
utes  to  the  respect  which  public  char-  public  men  to  respect  themselves, 
acters  ought  to  have  for  their  own  when  they  are  not  otherwise  inclined 
position,  at  least  when  they  are  not  to  do  so.  When  a  magistrate  (and 
otherwise  inclined  to  respect  it.  When  in  France  such  instances  are  not  rare) 
a  magistrate  (and  in  France  such  snubs  the  j)arties  before  him,  or  in- 
instances  aro  not  rare)  indulges  his  dulges  his  wit  at  their  expense,  or 


»     I 


i  i 


1     ' 


Xll 


EDITOR'S   PREFACE. 


trivial  wit  at  the  expense  of  the  pris- 
oner, or  derides  the  predieament  in 
which  a  eulprit  is  placed,  it  would  he 
well  to  deprive  him  of  his  rohes  of 
ortiee,  to  see  whether  he  would  recall 
some  i)i)rtion  of  the  natural  dignity 
of  mankind  when  he  is  reduced  to  the 
apparel  of  a  private  citizen. 

A  democracy  may,  however,  allow 
a  certain  show  of  maj;isterial  ])omp, 
and  clothe  its  officers  in  silks  and 
iiold,  without  seriously  compromising 
its  principles.  Privileges  of  this  kind 
are  transitory  ;  they  helonf;  to  the 
))lacc,  and  are  distinct  from  the  indi- 
vidual :  but  if  puhlie  otHeers  are  not 
uniformly  remunerated  by  the  State, 
the  public  charijes  must  be  intrusted 
to  men  of  opulence  and  independence, 
who  constitute  the  basis  of  an  aris- 
tocracy; and  if  the  people  still  retains 
its  right  of  election,  that  election  can 
only  be  made  from  a  certain  class  of 
citizens. 

When  a  democratic  republic  ren- 
ders offices  whieli  had  formerly  been 
remunerated,  gratuitous,  it  may  safely 
be  believed  that  that  state  is  advan- 
cing to  monarchical  institutions  ;  and 
when  a  monarchy  begins  to  remuner- 
ate such  officers  as  had  hitherto  been 
unpaid,  it  is  a  sure  sign  that  it  is 
approaching  towards  a  despotic  or  a 
republican  form  of  government.  — 
pp.  238,  239. 


shrugs  his  shoulders  at  their  pleas  of 
defence,  or  smiles  complacently  as 
the  charges  aie  enumerated,  I  should 
like  to  deprive  him  of  his  robes  of 
office,  to  see  whetlier,  when  he  is  re- 
duced to  the  garb  of  a  private  citizen, 
he  would  not  recall  some  ])ortion  of 
the  natural  dignity  of  mankind. 

No  public  officer  in  the  United 
States  has  an  official  costume,  but 
every  one  of  them  receives  a  salary. 
And  this,  also,  still  more  naturally 
than  what  precedes,  results  from  dem- 
ocratic j)rinciples.  A  democracy  may 
allow  some  magisterial  pomj),  and 
clothe  its  officers  in  silks  and  gold, 
without  seriously  compromising  its 
principles.  Privileges  of  this  kind  are 
transitory  ;  they  belong  to  the  place, 
and  not  to  the  man  :  but  if  public 
officers  are  unpaid,  a  <'lass  of  rich 
and  independent  puldic  functionaries 
will  be  created,  who  will  constitute 
the  basis  of  an  aristocracy  ;  and  if 
the  people  still  retain  their  right  of 
election,  the  choice  can  be  made  only 
from  a  lertain  class  of  citizens. 

When  a  democratic  republic  ren- 
ders gratuitous  offices  which  had  for- 
merly been  remunerated,  it  may  safely 
be  inferred  that  the  state  is  advancing 
towards  monarchy.  And  when  a 
monarchy  begins  to  remunerate  such 
officers  as  had  hitherto  been  unpaid, 
it  is  a  sure  sign  that  it  is  approaching 
a  despotic  or  a  republican  form  of 
government.  —  pp.  263,  264. 


Ce  qu'ils  aperccvaient  d'abord,  c'est  que  le  conseil  d'Etat,  en  France, 
etant  un  grand  tribunal  fixe  au  centre  du  royaume,  il  y  avail  uno  sorte  de 
tyrannic  h,  renvoyer  preliminairement  devaut  lui  tous  les  plaignants.  — 
p.  126. 

Reeve's  Traxslatiok.  Reviskd  Translation. 


They  were  at  once  led  to  conclude 
that  the  Conseil  d'Etat  in  France  was 
a  great  tribunal,  established  in  the 
centre  of  the  kingdom,  which  exer- 
cised a  preliminary  and  somewhat 
tyrannical  jurisdiction  in  all  political 
causes.  —  p.  108. 


They  at  once  perceived  that,  the 
Council  of  State  in  France  being  a 
great  tribunal  established  in  the  cen- 
tre of  the  kingdom,  it  was  a  sort  of 
tyranny  to  send  all  mplainants  be- 
fore it  as  a  prelimina     step.  —  p.  1 3 1 . 


Les  pcuples  entre  eux  ne  sont  quo  des  individus.  C'est  surtout  pour 
paraitro  avec  avantage  vis-a-vis  des  ctrangers  qu'uno  nation  a  besoin  d'un 
gouveruement  unique.  —  pp.  137,  138. 


1  i- 


f   t 


EDITOR'S   rUKFACE. 


XI II 


"Rekvk's  Transf-ation'. 


RkVISI.K    TiJ  iNSt.ATION. 


Tlif  extprniil  relations  of  a  jjcople         The  poopK'  in  tliciii'-clvcs  arc  only 

may  Uc  coinpared  to  tliose  ot  private  iiKiividuals  ;    ami   the  special  reason 

individuals,  and   they  cannot  he  ad-  why   tlicy  need   to  be   united  under 

vantafceously  maintained  witliout  the  one   government  is,   that    they  may 

a^'ency  of  the  sin),de  head  of  a  Gov-  aj)pear  to  advanta<;e  hetbre  foreij^n- 

erument.  —  p.  121.  ers.  —  p.  144. 


paid, 
•hinj: 
rm  of 


6 


11  V  a  des  pens  en  France  qui  considercnt  les  institutions  repuhlicaincs 
romnie  i'instrument  passaj,'er  de  leur  grandeur.  lis  mesurent  des  yeux 
I'espace  immense  (jui  separe  leurs  vices  et  leurs  miseres  do  la  puissance 
et  des  richesses,  ct  its  voudraient  entasser  des  mines  dans  cct  ahime  pour 
cssayer  de  le  comhler.  Ceux-15i  sent  a  la  lihertc  ce  que  les  compngnies 
franehes  du  moyen  age  ctaicnt  nux  rois  ;  ils  font  la  guerre  pour  leur  propre 
compte,  alors  meme  qu'ils  portent  ses  couleurs  :  la  repul)li([ue  vivra  toujours 
assez  longtemps  pour  les  tirer  de  leur  basscssc  presente.  Ce  n'est  pas  a  eux 
que  je  parlc.  —  p.  3.56. 

Reeve's  Traxslatiox.  Revised  Translation'. 


There  are  persons  in  France  who 
look  upon  republican  institutions  as  a 
temporary  means  of  power,  of  wealth, 
and  distinction  ;  men  who  are  the 
r.omlottii-ri  of  liberty,  and  who  tight 
for  their  own  advantage,  whatever  be 
the  colors  they  wear :  it  is  not  to 
these  that  I  address  myself.  —  p.  364. 


There  arc  persons  in  France  who 
look  upon  republican  institutions  only 
as  a  means  of  obtaining  grandeur ; 
they  measure  the  immense  space 
which  separates  their  vices  and  mis- 
ery from  |)ower  and  riclies,  and  they 
aim  to  fill  up  this  gulf  with  ruins, 
that  they  may  pass  over  it.  These 
men  are  the  condottieri  of  liberty,  and 
fight  for  their  own  advantage,  what- 
ever be  the  colors  they  wear.  The 
republic  will  stand  long  enough,  they 
think,  to  draw  them  up  out  of  their 
present  degradation.  It  is  not  to 
the.se  that  I  address  myself.  —  p.  393. 


pour 
d'un 


Perhaps  it  is  not  too  much  to  say  of  a  work 
which  has  hitherto  been  before  the  Enghsh  and 
American  pubhc  only  in  such  a  translation  as  this, 
that  it  still  remains  to  be  perused  by  them  for 
the  first  time  in  a  form  in  which  it  can  be  under- 
stood and  appreciated.  I  have  bestowed  a  good 
deal  of  labor  upon  it,  in  the  hope  of  aiding  the 
circulation  of  a  book  of  which  it  has  been  justly 
said  by  the  highest  living  authority  on  the  science 
of  general  politics,  Mr.  John  Stuart  Mill,  that  it  is 


XIV 


EDITOR'S   PREFACE. 


"  such  as  Montesquieu  might  have  written,  if  to 
his  genius  he  had  superadded  good  sense,  and  the 
hghts  which  mankind  have  since  gained  from  the 
experiences  of  a  period  in  which  they  may  be  said 
to  have  hved  centuries  in  fifty  years."  Especially 
ought  it  to  be  generally  studied  here  in  the  United 
States,  where  no  thinking  man  who  exercises  the 
privileges  of  a  voter  can  fail  to  derive  from  it 
profitable  information  respecting  the  nature  of  the 
institutions  under  which  he  lives,  together  with 
friendly  warnings  and  wise  counsels  to  aid  him  in 
the  proper  discharge  of  his  political  duties. 


Cambridge,  August  5,  1862. 


AUTHOR'S   ADVERTISEMENT 


TO   THE    TWELFTH  EDITION* 


HOWEVER  sudden  and  momentous  the  events 
which  we  have  just  beheld  so  swiftly  accom- 
plished, the  author  of  this  book  has  a  right  to 
say  that  they  have  not  taken  him  by  surprise.f 
His  work  was  written  fifteen  years  ago,  with  a 
mind  constantly  occupied  by  a  single  thought,  — 
that  the  advent  of  democracy  as  a  governing 
power  in  the  world's  affiiirs,  universal  and  irre- 
sistible, was  at  hand.  Let  it  be  read  over  again, 
and  there  will  be  found  on  every  page  a  solemn 
warning,  that  society  changes  its  forms,  humanity 
its  condition,  and  that  new  destinies  are  impend- 
ing. It  was  stated  in  the  very  Introduction  of  the 
work,  that  "  the  gradual  development  of  the  prin- 
ciple of  Equality  is  a  providential  fact.  It  has  all 
the  chief  characteristics  of  such  a  fact;  it  is  uni- 
versal, it  is  durable,  it  constantly  eludes  all  human 

*  The  twelfth  edition  of  this  work  appeared  at  Paris  in  1850,  and  this 
Advertisement  was  prefixed  to  it  by  De  Tocquevillc  in  reference  to  the 
French  Revolution  of  1848.  — Am.  Ed. 

t  The  writer  here  alludes  to  a  speech  which  he  made  in  the  Chamber  of 
Deputies,  on  the  27th  of  January,  1848,  just  one  moutli  before  the  Revolution 
was  accomplished.  He  annexed  a  report  of  this  speech  to  the  twelfth  edi- 
tion of  his  work,  and  a  translation  of  it  will  be  found  at  the  end  of  the 
second  volume.  —  Am.  Ed. 


, 


L:. 


n 


.'  i 


XVI 


AUTHOR'S  ai)Vi;rtisi:mi:nt. 


interference,  and  all  events  as  well  as  all  men 
contribute  to  its  progress.  Would  it  be  wise  to 
imagine  that  a  social  movement,  the  causes  of 
which  lie  so  far  back,  can  be  checked  by  the  ef- 
forts of  one  generation  ?  Can  it  be  believed  that 
the  democracy,  which  has  overthrown  the  feudal 
system  and  vanquished  kings,  will  retreat  before 
tradesmen  and  capitalists?  Will  it  stop  now  that 
it  is  grown  so  strong  and  its  adversaries  so  weak?" 
He  who  wrote  these  lines  in  the  presence  of  a 
monarchy  which  had  been  rather  confirmed  than 
shaken  by  the  Revolution  of  1830,  may  now  fear- 
lessly ask  again  the  attention  of  the  public  to  his 
work.  And  he  may  be  permitted  to  add,  that  the 
present  state  of  affairs  gives  to  his  book  an  imme- 
diate interest  and  a  practical  utility  which  it  had 
not  when  it  was  first  published.  Royalty  was  then 
in  power;  it  has  now  been  overthrown.  The  in- 
stitutions of  America,  which  were  a  subject  only 
of  curiosity  to  monarchical  France,  ought  to  be  a 
subject  of  study  for  republican  France.  It  is  not 
force  alone,  but  good  laws,  which  give  stability  to 
a  new  government.  After  the  combatant,  comes 
the  legislator  ;  the  one  has  pulled  down,  the 
other  builds  up ;  each  has  his  office.  Though  it 
is  no  longer  a  question  whether  we  shall  have  a 
monarchy  or  a  republic  in  France,  we  are  yet  to 
learn  whether  we  shall  have  a  convulsed  or  a 
tranquil  republic,  —  whether  it  shall  be  regular 
or  irregular,  pacific  or  warlike,  liberal  or  oppres- 
sive, —  a  republic  which  menaces  the  sacred  rights 
of  property  and  family,  or  one  which  honors  and 


P 


t 


I    I'. 


AUTHOR'S   ADVKRTISKMF.XT. 


XVII 


protects  them  both.  It  is  a  fearful  problem,  the 
solution  of  which  concerns  not  France  alone,  but 
the  whole  civilized  world.  If  we  save  oiu'selves, 
we  save  at  the  same  time  all  the  nations  which 
surround  us.  If  we  perish,  we  shall  cause  all  of 
them  to  perish  with  us.  According  as  democratic 
liberty  or  democratic  tyranny  is  established  here, 
the  destiny  of  the  world  will  be  different ;  and  it 
may  be  said  that  this  day  it  depends  upon  us, 
whether  the  republic  shall  be  everywhere  finally 
established,  or  everywhere  finally  overthrown. 

Now  this  problem,  which  among  us  has  but 
just  been  proposed  for  solution,  was  solved  by 
America  more  than  sixty  years  ago.  The  prin- 
ciple of  the  sovereignty  of  the  people,  which  we 
enthroned  in  France  but  yesterday,  has  there 
held  undivided  sway  for  over  sixty  years.  It  is 
there  reduced  to  practice  in  the  most  direct,  the 
most  unlimited,  and  the  most  absolute  manner. 
For  sixty  years,  the  people  who  have  made  it  the 
common  source  of  all  their  laws  have  increased 
continually  in  population,  in  territory,  and  in  opu- 
lence ;  and  —  consider  it  w^ell  —  it  is  found  to  have 
been,  during  that  period,  not  only  the  most  pros- 
perous, but  the  most  stable,  of  all  the  nations  of 
the  earth.  Whilst  all  the  nations  of  Europe  have 
been  devastated  by  war  or  torn  by  civil  discord, 
the  American  people  alone  in  the  civilized  world 
have  remained  at  peace.  Almost  all  Europe  w^as 
convulsed  by  revolutions  ;  America  has  not  had 
even  a  revolt.'^     The  republic  there  has  not  been 

*  Thank  God  tliat  this  is  liistory,  thougli  it  is  not  the  present  fact.     TJic 


i1 


■1 


1 


i'f 


XVI 11 


AUTHOR'S   ADVKRTISKMKXT. 


tlie  assailant,  but  the  guardian,  of  all  vested  rights; 
the  property  of  individuals  has  had  better  guaran- 
ties there  than  in  any  other  country  of  the  world ; 
anarchy  has  there  beer,  as  unknown  as  despotism. 
Where  else  could  we  find  greater  causes  of 
hope,  or  more  instructive  lessons  ?  Let  us  look 
to  America,  not  in  order  to  make  a  servile  copy 
of  the  institutions  which  she  has  established, 
but  to  f^ain  a  clearer  view  of  the  polity  which 
will  be  the  best  for  us;  let  us  look  there  less  to 
find  examples  than  instruction;  let  us  borrow  from 
her  the  j^rinciples,  rather  than  the  details,  of  her 
laws.  The  law^s  of  the  French  republic  may  be, 
and  ought  to  be,  in  many  cases,  different  from 
those  which  govern  the  United  States ;  but  the 
principles  on  which  the  American  constitutions 
rest,  —  those  principles  of  order,  of  the  balance  of 
powers,  of  true  liberty,  of  deep  and  sincere  respect 
for  right,*— are  indispensable  to  all  republics;  they 
ought  to  be  common  to  all ;  and  it  may  be  said 
beforehand,  that  wherever  they  shall  not  be  found, 

the  republic  will  soon  have  ceased  to  exist. 

1848. 

record  of  what  our  country  lias  been,  and  of  what  she  accomplished  during 

three  quarters  of  a  century,  is  beyond  the  power  even  of  a  gigantic  rebellion 

to  blot  out.     Let  only  the  faint-hearted,  on  looking  into  the  past,  exclaim, 

with  the  great  Italian, 

"  Nessun  tnagglor  dolore 
Che  ricordarsi  del  tempo  felice 
Nella  miseria." 

Nobler  spirits  will  say,  though  the  memory  of  what  has  been  be  the  only 
star  which  shines  in  the  thick  darkness  that  now  surrounds  us,  it  shall  light 
us  on  to  mightier  eflTorts,  and  kindle  in  our  hearts  a  surer  hope  of  the  re- 
appearance of  the  day,  —  of  a  day  whose  sunshine  sliall  not  be  broken  even 
by  the  one  dark  cloud  that  dimmed  our  former  prospcritv Am.  Ed. 


{'» 


H-. 


CONTENTS   OF    VOL.  1. 


during 


10  only 
U  light 
the  re- 
!u  even 


Tntkoduction 


CHAPTER  I. 
ExTERiou  FonM  OF  North  America  . 


PAoa 
1 


19 


CHAPTER   II. 

Origix  of  tub   Anglo-Americans,  and   Importance    of   this 

Origin  in  relation  to  their  Future  Condition     .        .     31 

Reasons  of  certain  Anomalies  which  the  Laws  and  Customs  of  the 

Anglo-Americans  present      .......     55 

CHAPTER    III. 
Social  Condition  op  the  Anglo-Americans    .        .        .        .57 

The  striking  Characteristic  of  the  Social  Condition  of  the  Anglo- 
Americans  is  its  essential  Democracy      .....     57 

Political  Consequences  of  the  Social  Condition  of  the  Anglo-Amer- 
icans  67 

CH  \PTER   IV. 
The  Principle  of  the  SovEit'iiONTT  of  the  People  in  America     69 

CHAPTER    V. 

Necessity  of  Examining  the  Condition  of  the  States  be- 
fore that  of  the  Union  at  Large 73 

The  American  System  of  Townships  .....  74 

Limits  of  the  To\vnship       ........  77 

Powers  of  tlie  Township  in  New  England  .         .^         .         .  77 

Life  in  the  Township 80 

Spirit  of  the  Townships  of  New  England  ....  83 

The  Counties  of  New  England 86 


XX 


CONTEXTS. 


The  Administration  of  rirovomTnont  in  New  England     . 
General  Hcinari^.s  on  the  Administration  in  the  United  States 


87 
99 


Of  the  State 104 

Lofjislative  Power  of  tlie  State         ......         104 

The  Executive  I'owcr  of  the  State       .         .         .         .         .         .106 

Political  Ert'ects  of  decentralized  Administration  in  the  United  States     107 


CHAPTER    VI. 

Judicial  Poweu  in  the  United  States,  and  its  Influence 

ON  Political  Society 123 

Other  Powers  granted  to  American  Judj^es        .         .         .         .         130 


t  li  I 


1 1  ji! 


i 


I  »  i 


CIIAPTEll    VII. 
Political  Jurisdiction  in  the  United  States       ,        .        .     133 

CHAPTER    VIII. 

The  Federal  Constitution 140 

History  of  the  Federal  Constitution  .         .         .         ,         .         140 

Summary  of  the  Federal  Constitution  .....     143 

Powers  of  the  Federal  Government  .         .         .         .         .         144 

Legislative  Powers  of  the  Federal  Government     .         .         .         .147 

A  further  Difference  between  the  Senate  and  the  House  of  Repre- 
sentatives .         .  .         .         .         .         .         .         .         .150 

The  Executive  Power     .         .         .         .         .         .         .         .         151 

In  what  the  Position  of  a  President  of  tiie  United  States  differs 

from  that  of  a  Constitutional  King  of  France     .         .         .  153 

Accidental  Causes  which  may  increase  the  Influence  of  the  Execu- 
tive Government     .         .         .         .         .         .  .         .         158 

Wliy  the  President  of  the  United  States  does  not  need  a  Majority 

in  the  two  Houses  in  Order  to  carry  on  the  Government      .         159 
Election  of  tlie  President    .         .         .         .         .  .         .         .160 

Mode  of  Election 166 

Crisis  of  the  Election         .         .  .         .         .  .         .         .170 

Re-election  of  the  President 172 

Federal  Courts  of  Justice    .         .         .         .         .         .         .         .175 

Means  of  determining  the  Jurisdiction  of  the  Federal  Courts       .         179 
Different  Cases  of  Jurisdiction     .......     181 

Procedure  of  the  Federal  Courts 187 

High  Rank  of  the  Supreme  Court  amongst  the  great  Powers  of  State     190 


|t   t 


CONTI'.NTS. 


XXI 


.       87 
99 

.     104 

104 
.      106 

States     107 


DENCE 


123 
130 


.     133 


•            • 

140 

• 

140 

•            • 

143 

• 

144 

,              • 

147 

Rcprc- 

,         • 

150 

, 

151 

differs 

. 

153 

Exccu- 

. 

158 

lajority 

It      . 

159 

. 

160 

, 

166 

,                  , 

170 

, 

172 

^                  , 

175 

s 

179 

a                     • 

181 

• 

187 

of  State 

190 

I 


In  what  respects  the  Fodcnil  Constitution  is  superior  to  that  of  tho 

States 193 

Characteristics  of  tho  FccU'ral  (.'oustitutiou  of  the  I'liited  States  of 

America  as  compared  with  all  otiier  l-Vderal  Constitutions        .     198 

Advantai^es  of  the  Federal  System  in  j;enerul,  and  its  special  Util- 
ity in  America 202 

Why  the  Federal  System  is  not  practicahlc  for  all  Nations,  and  how 

tho  Anglo-Americans  were  cnahled  to  adopt  it        .         .         .     209 

CHAPTER    IX. 

How    IT     CAN     HE    STKICTLY    SAID    THAT    THE    PEOrLE    GOVEUK    IN 

THE  United  States 219 

CHAPTER    X. 

Parties  in  the  United  States 221 

Remains  of  the  Aristocratic  Party  in  the  United  States      ,         .         227 

CHAPTER    XI. 
Liberty  of  the  Press  in  the  United  States       ,         .         .     230 

CHAPTER    XII. 
Political  Associations  in  the  United  States      .        ,         .     242 

CHAPTER    XIII. 

Government  op  the  Democracy  in  America  .         .         .     252 

Universal  Suffrapo  ......  .         252 

Tho  Choice  of  the  People,  and  the  Instinctive  Preferences  of  the 

American  Democracy      .......         253 

Causes  which  may  partly  correct  these  Tendencies  of  the  Democracy     257 
Influence  which  the  American  Democracy  has  exercised  on  tho  Laws 

relatinj?  to  Elections 261 

Puhlic  Officers  under  the  Control  of  the  American  Democracy       ,     262 
Arhitrary  Power  of  Magistrates  under  the  Rule  of  the  American 

Democracy         .........     265 

Instability  of  the  Administration  in  the  United  States         .         .         268 
Charges  levied  by  tlie  State  under  the  Rule  of  the  American  Democ- 
racy        270 

Tendencies  of  the  American  Democracy  as  regards  the  Salaries  of 

public  Officers 275 

Difficulty  of  distinijuishing  the  Causes  which  incline  the  American 

Government  to  Economy 279 


XXll 


CONTKNTS. 


I'll 


K  11 


Whotlicr  tlio  Expcndituro  of  the  United  Sfntos  van  lie  rompjircd 

with  tlint  of  Kiiinco 280 

Corru|)ti()M  ami  tho  VicoH  of  tlic  Hiiiois  iti  a  DcinoiTiicy,  nnd  con- 

Ht'(iiii'iit  Ktli;i'tH  ui)Oii  Tuhhc  Morality         ....  286 

I^fforts  of  which  a  DcmotTucy  iti  caiiai)!*?       .....  28U 

Sclf-Control  of  the  Atuuricuii  Duiiiocrucy  ....  29.'l 

Coiuluct  of  Foreign  AflUirs  hy  the  Aiiiericttn  Denioeracy       .         .  21)6 

CII  A  I'T  i:  11    XIV. 
What  auk  the  real  Advantauks  which  Ameuican  Society 

DERIVES    KKOM    A    DkMOCHATIC    GOVERNMENT  .  .  .      .302 

General  Tendency  of  the  Laws   under  the  American  Democracy, 

and  Instincts  of  those  who  apply  them  ....     .102 

I'uhlie  Sjjirit  in  the  United  States    ......         308 

Notion  of  Rights  in  the  United  States  .         .         .         .         .311 

Iles])ect  for  the  Law  in  the  United  States  .         .         .         .         315 

Activity  which  pervades  all  Parts  of  the  Body  Politic  in  the  United 

States;  Influence  wlilch  it  exercises  upon  Society  .         .317 

CHAPTER    XV. 

Unlimited  Power  of  the  Majority  in  the  United  States, 

AND  ITS  Consequences 324 

How  the  Omnijjotence  of  the  Majority  increases,  in  America,  the 
Instal)iiity  of  Legislation  and  Administration  inherent  in  De- 
mocracy   ..........     327 

Tyranny  of  the  Majority 330 

Effects  of  the  Omnipotence  of  the  Majority  upon  the  arhitrary  Au- 
thority of  American  Public  OtHcers  .....         335 
Power  exercised  hy  the  Majority  in  America  upon  Opinion    ,         .     336 
Effects  of  the  Tyranny  of  the  Majority  upon  the  National  Character 

of  the  Americans.  —  The  Courtier-spirit  in  the  United  States       340 
The  greatest  Dangers  of  the  American  liepublies  proceed  from  the 

Omnipotence  of  the  Majority       ......     343 

CHAPTER    XVI. 
Causes  which  mitigate  the  Tyranny  of  the  Majority  in  the 

United  States 346 

Absence  of  Centralized  Administration     .....         346 
The  Profession  of  the  Law  in  the  United  States  serves  to  counter- 
poise the  Democracy 348 

Trial  by  Jury  in  the  United  States  considered  as  a  Political  Institu- 

tion 358 


COSTKXTS. 


XXlll 


m  pared 

280 
1(1  ron- 

286 

.     28'J 

29.1 

.     21)6 


.     302 

.  .'J()2 
3(18 

.  311 
315 


317 


.     324 

tlio 
I)c- 

.     327 
330 
Au- 

335 
.     336 
ractcr 
iitos       340 
rn  the 

.     343 


THE 


.     346 
346 


nter- 


itittt- 


CII  A  I'Ti:  U    XVII. 
riiiNCiPAL  CAtHKS  wiiicii  ti;mi  H)  mvimain    mm:   I)k.m»)(Hatic 

ItEl'LtlLIC    IN    TIIK     I'n;!!.!*    SrATK."*  .  .  .  .  . 

Aceidelitul  '>i"  rruviiUiit   il  Cuiim's  wliicli  cniitrilnitt'  to  iiiaiiitaiii  tlic 

IViiKtirntir  I\i'|iulilic  in  the  I'liitcd  StaHS      .... 
Inthhii  '   of  tlie  Liiws  ii|m»ii  tin.'  Maiiittiiaiicc  of  the  Di'iiiocratii-  Wv- 

|iiil>li<'  ill  tlic  I'liitcd  States  ...... 

IiiHiU'tuT  of  MaiimTS  upon  the  Mainttnaiu  c  of  the  Dcmm  ralic  l{f- 

puMic  in  thi!  riiittd  Statts  ....... 

I{t'li}j;ioii   coiisich'ivd    a.s    a    rolilittii    Iii>titiitioii,   which  powcifnily 

(•(intriliiitcs   to  tlie  Maiiitciiaiue  of  tho   Dciiiocratic    I{f|iiilplic 

umoiiyst  tlic  Ainericans       ....... 

Indirect  Inthuiice  of  Heii^nous  Opiiiioii.s  upon  I'olitical  Society  in 

the  United  States         ........ 

Priiici|ial  Causes  wiiieh  render  Hi'iiuioii  powerful  in  Anu'rii'u 
How  the  I'.diication,  the  Iluhits,  and  the  practical  F.xperieiice  of  the 

American.'*  promote  the  Success  of  their  Democratic  Institutions 
The  Laws  contrilmte  more  to  the  Maintenance  of  the   Deinocratic 

KepiiMic  in  the  United  Stafe.s  than  tlic  Physical  Circuinstances 

of  the  Country,  and  the  Manners  more  than  the  Laws    . 
Whether  Laws  and  Manners  arc  sudieient  to  maintain  Democratic 

Institutions  in  other  Countries  hesides  America  . 
Importance  of  what  precedes  with  Kespeet  to  the  State  of  Europe  . 

CHAPTER    XVIII. 

The  PiiESENT  AND  pnouAiJLE  FirruRE  Condition  of  the  Tiihke 
Races  which  inhauit  the  Tekimtouv  of  the  United 
States 

The  Present  and  prohahlc  Future  Condition  of  the  Indian  Trilies 
which  inhahit  the  Territory  possessed  hy  the  Union 

Situation  of  the  Black  Population  in  the  United  States,  and  Dan- 
gers with  which  its  Presence  threatens  the  Whites  . 

What  are  the  Chances  of  Duration  of  the  American  Union,  and 
what  Daiijicrs  threaten  it      ......  . 

Of  the  liej)ublican  Institutions  of  the  United  States,  and  what  their 
Chances  of  Duration  are     ....... 

Some  Considerations  on  the  Causes  of  the  Commercial  Prosperity 
of  the  United  States  ........ 


3«H 

3t'>*.i 
382 

;i8;t 

383 

387 
31>4 

4113 

4oy 

414 

418 


348 


358 


Conclusion    . 


424 


431 


456 


491 


535 


543 


552 


(  I 


s 


I 


n 


'  1 

m 
m 


'tiii 


i  It    ' 


•  :ii 


I 


f 


I N  T  R  0  D  U  C  T I  0  IV  . 


A]\IOXGST  the  novel  objects  tliat  attracted  my  atten- 
tion duriniii;  my  stay  in  the  United  States,  notliing 
struck  me  more  forcibly  tlian  the  oeneral  equality  of  con- 
dition amoiiu'  the  people.  I  readily  discovered  the  jirodi- 
o'ious  iuHuencc  Avhicli  this  primary  fact  exercises  on  the 
wliole  course  of  society;  it  gives  a  peculiar  direction  to 
])ublic  ()})inion,  and  a  peculiar  tenor  to  the  laws ;  it  imparts 
new  maxims  to  the  governing  authorities,  and  peculiar 
habits  to  the  o;overned. 

I  soon  perceived  that  the  influence  of  this  fact  extends 
far  beyond  the  political  character  and  the  laAvs  of  th3  coun- 
try, and  that  it  has  no  less  empire  over  civil  society  than 
over  the  government ;  it  creates  opinions,  gives  birth  to 
new  sentiments,  founds  novel  customs,  and  modifies  ■what- 
ever it  does  not  produce.  The  more  I  advanced  in  the 
study  of  American  society,  the  more  I  perceived  that  this 
equahtv  of  condition  is  the  fundamental  fact  from  wliicli 
all  others  seem  to  be  derived,  and  the  central  point  at 
wliich  all  my  observations  constantly  terminated. 

I  then  turned  my  thoughts  to  our  own  hemisphere,  and 
thought  that  I  discerned  there  something  analogous  to 
the  s|)('ctacle  which  the  New  World  presented  to  me.  I 
ol)ser\rd  that  e(piality  of  condition,  though  it  has  not 
there  reached  the  extreme  limit  which  it  seems  to  have 
attained    in   tlie   United  States,  is  constantly  approaching 


I 


2  INTRODUCTION. 

it ;  and  tliat  tlio  democrary  which  governs  the  American 
communities  appears  to  be  rapidly  rising  into  poAver  in 
Europe. 

Hence  I  conceived  the  idea  of  tlie  book  -wliich  is  now 
before  tlie  reader. 

It  is  evident  to  all  alike  that  a  jxreat  democratic  revolu- 
lion  is  fjoino;  on  amongst  us :  but  all  do  not  look  at  it  in 
the  same  light.  To  some  it  appears  to  be  novel  but  acci- 
dental, and,  as  such,  they  hope  it  may  still  be  checked ;  to 
others  it  seems  irresistible,  because  it  is  the  most  uniform, 
the  most  ancient,  and  the  most  permanent  tendency  which 
is  to  be  found  in  history. 

I  look  back  for  a  moment  on  the  situation  of  France 
seven  hundred  years  ago,  when  the  territory  was  divided 
amongst  a  small  number  of  fomilies,  who  were  the  owners 
of  the  soil  and  the  rulers  of  the  inhabitants ;  the  right  of 
governing  descended  with  the  family  inheritance  from  gen- 
eration to  generation  ;  force  was  the  only  means  by  which 
man  co\dd  act  on  man  ;  and  landed  property  was  the  sole 
source  of  power. 

Soon,  liowever,  the  political  power  of  the  clergy  was 
founded,  and  began  to  increase :  the  clergy  opened  their 
ranks  to  all  classes,  to  the  poor  and  the  rich,  the  vassal  and 
the  lord  ;  through  the  Church,  equality  penetrated  into  the 
Government,  and  he  who  a&  a  serf  must  have  vea-etatcd  in 
per})etual  bondage  took  his  place  as  a  priest  in  the  midst 
of  nobles,  and  not  unfrequently  above  the  heads  of  kings. 

The  different  relations  of  men  with  each  other  became 
more  complicated  and  numerous  as  society  gi'adually  be- 
came more  stable  and  civilized.  Hence  the  want  of  civil 
laws  was  felt ;  and  the  ministers  of  law  soon  rose  from  the 
obscurity  of  the  tribunals  and  their  dusty  chambers,  to 
appear  at  the  court  of  the  monarch,  by  the  side  of  the 
feudal  barons  clothed  in  their  ermine  and  their  mail. 

Whilst  the  kings  were  ruining  themselves  by  their  great 


INTnODrCTION. 


3 


^Lmerican 
power  in 

li  Is  now 

c  revolu- 
at  it  in 
but  acci- 
3cked ;  to 
;  uniform, 
icy  which 

of  France 
IS  divided 
he  owners 
c  Yis\\t  of 
from  gen- 
by  which 
s  the  sole 

ergy  was 
■ned  their 
vassal  and 
d  into  the 
kctatcd  in 
Ithe  midst 
if  kings, 
■r  became 
ually  be- 
,t  of  civil 
from  the 
mbers,  to 
fie  of  the 

mail. 
Iheir  o-reat 


'M 


ontcrprises,  and  the  nobles  exhausting  their  resources  by 
])riv;ite  wars,  the  loAver  orders  Avere  enriching  themselves 
1)V  commerce.  The  influence  of  money  began  to  1)0  per- 
ceptible in  state  affairs.  The  transactions  of  business 
oj)ened  a  new  road  to  power,  and  the  financier  rose  to  a 
station  of  ])olitical  influence  in  which  he  was  at  once  flat- 
tered and  despised. 

Gradually  the  diffusion  of  Intelligence,  and  the  increas- 
ing taste  for  literature  and  art,  caused  learning  and  talent 
to  become  a  means  of  o;overnment ;  mental  al)ilitv  led  to 
social  power,  and  the  man  of  letters  took  a  part  in  the 
affairs  of  the  state. 

The  value  attached  to  hio;h  birth  declined  iust  as  fast  as 
new  avenues  to  power  were  discovered.  In  the  eleventh 
century,  nobility  was  beyond  all  price  ;  in  the  thirteenth, 
it  might  be  purchased.  Nobility  was  first  conferred  by  gift 
in  1270  ;  and  equality  was  thus  introdnce'd  into  the  govern- 
ment by  the  aristocracy  itself. 

In  the  course  of  these  seven  hundred  years.  It  sometimes 
happened  th;it  the  nobles,  in  order  to  resist  the  authority 
of  the  crown,  or  to  diminish  the  power  of  their  rivals, 
granted  some  political  influence  to  the  common  })eople. 
Or,  more  frequently,  the  king  permitted  the  lower  orders 
to  have  a  share  in  the  government,  with  the  Intention  of 
depressing  the  aristocracy. 

In  France,  the  kin^s  have  alwavs  been  the  most  active 
and  the  most  constant  of  levellers.  When  thev  were  strono; 
and  ambitious,  they  spared  no  pains  to  raise  the  peojde  to 
the  level  of  the  nobles  ;  when  tliey  were  temperate  and 
feeble,  they  allowed  the  peo])le  to  rise  above  themselves. 
Some  assisted  the  democracy  by  their  talents,  others  bv 
their  vices.  Louis  XI.  and  J^ouis  XIV.  reduced  all  ranks 
beneath  the  throne  to  the  same  degree  of  subjection  ;  and, 
finally,  Louis  XV.  descended,  himself  and  all  his  court, 
into  the  dust. 


if' 


K  „ 


'^i 


St 


u 


4  INTRODUCTION. 

As  soon  as  land  began  to  be  held  on  any  other  than  a 
feudal  temn-e,  and  personal  property  in  its  turn  became 
able  to  confer  influence  and  power,  every  discovery  in  the 
arts,  every  improvement  in  commerce  or  manniactures, 
created  so  many  new  elements  of  cfpiality  among  men. 
Henceforward  every  new  invention,  every  new  want  which 
it  occasioned,  and  every  new  desire  Avhich  craved  satisfac- 
tion, was  a  step  towards  a  general  levelling.  The  taste  for 
luxury,  tlie  love  of  war,  the  empire  of  fashion,  and  the  most 
su])erticial  as  well  as  the  deepest  passions  of  the  human 
heart,  seemed  to  co-operate  to  enrich  the  poor  and  to  im- 
poverisli  the  rich. 

From  the  time  when  the  exercise  of  the  intellect  became 
a  source  of  strenn;th  and  of  wealth,  we  see  that  every  addi- 
tion  to  science,  e\ery  fresh  truth,  and  every  new  idea 
became  a  germ  of  power  placed  within  the  reach  of  the 
peo])le.  Poetry,  *eloquence,  and  memory,  the  graces  of 
the  mind,  the  glow  of  imagination,  depth  of  thought,  and 
all  tlie  gifts  which  Heaven  scatters  at  a  venture,  turned  to 
the  advantage  of  the  democracy;  and  even  when  they 
were  in  the  possession  of  its  adversaries,  they  still  served 
its  cause  by  throwing  into  bold  relief  the  natural  great- 
ness of  man.  Its  conquests  spread,  therefore,  with  tliose 
of  civilization  and  knowledge ;  and  hterature  became  an 
arsenal  o})en  to  all,  where  the  poor  and  the  weak  daily 
resorted  for  arms. 

In  running  over  the  pages  of  oiu*  history  for  seven  hun- 
dred years,  Ave  shall  scarcely  find  a  single  great  event 
which  has  not  promoted  equality  of  condition. 

The  Crusades  and  the  English  wars  decimated  the  no- 
bles and  divided  their  possessions :  the  municipal  corpora- 
tions introduced  democratic  liberty  into  the  bosom  of  feudal 
monarchy ;  the  invention  of  tii'e-arms  equalized  the  vassal 
and  the  noble  on  the  field  of  battle ;  the  art  of  printin<T 
opened  the  same  resources  to  the  minds  of  all  classes ;  the 


•1 


INTUOnrOTION. 


r  than  a 
became 
y  in  the 
uictures, 
ng  men. 
lit  which 
satisfac- 
taste  for 
the  most 
e  human 
id  to  im- 

;t  became 
-ery  addi- 
new  idea 
3h  of  the 
graces  of 
io;1it,  and 
turned  to 
len  they 
11  served 
al  great- 
th  those 
ccame  an 


ak  daily 


e;. 


ven  hun- 
iat  event 

1  the  no- 
corpora- 
of  feudal 

the  vassal 
printing 

isses;  the 


post-offi(>e  brought  knowledge  alike  to  the  d  >or  of  tlio 
cottaire  and  to  the  gate  of  the  palace  ;  and  ProtesiMutism 
])r()claimed  that  all  men  are  alike  able  to  find  the  road 
to  heaven.  The  discovery  of  America  opened  a  thousand 
new  ])aths  to  l()rtune,  and  led  obscure  adventurers  to 
wealth   and  power. 

]f,  begiiniing  witli  the  eleventh  century,  we  examine 
what  has  liaj)pened  in  France  from  one  half-century  to 
another,  we  shall  not  fiiil  to  jierceive,  at  the  end  of  each 
of  these  ])eriods,  that  a  twofold  i\'Volution  has  taken  ])lace 
in  the  state  of  society.  The  noble  has  gone  down  on  the 
social  ladder,  and  the  comuKmer  has  gone  up  ;  the  one  dcv 
scends  as  the  other  rises.  Every  haltk'entury  brings  them 
nearer  to  each  other,  and  they  will  soon  meet. 

Nor  is  this  peculiar  to  France.  Whithersoever  Ave  turn 
our  eves,  we  ix-rceive  the  same  revolution  coinii:  on 
throughout  tlie  Christian  world.  The  various  occiu*- 
rences  of  national  existence  have  everywhere  turned  to 
tlio  advantage  of  democracy :  all  men  have  aided  it  bv 
their  exertions,  both  tliose  who  have  intentionally  labored 
in  its  cause,  and  those  who  have  served  it  tmwittingly  ; 
those  who  have  fought  for  it,  and  those  who  have  declared 
themselves  its  opponents,  have  all  been  driven  along  in  the 
same  track,  have  all  labored  to  one  end ;  some  ignorantly 
and  some  unwillingly,  all  have  been  blind  instruments  in 
the  hands  of  God. 

The  gradual  development  of  the  principle  of  equalitv  is, 
therefore,  a  Providential  fact.  It  has  all  the  chief  charac- 
tci'istics  of  such  a  fact :  it  is  imiversal,  it  is  durable,  it  con- 
stantly eludes  all  human  interference,  and  all  events  as 
well  as  all  men  contrihute  to  its  progress. 

Would  it,  then,  be  wise  to  imagine  that  a  social  move- 
ment, the  causes  of  which  lie  so  far  back,  can  be  checked 
by  the  efforts  of  one  generation  ?  Can  it  be  believed  that 
the  democracy  which  has  overthrown  the  feudal  system, 


0 


INTRODUCTION. 


and  vaiKiuisliofl  kings,  ^vill  retreat  before  tradesmen  ana 
ca[)italists  ?  Will  it  stop  now  that  it  has  grown  so  strong, 
and  its  adversaries  so  weak  ? 

Whitlier,  then,  arc  we  tending?  No  one  can  say,  for 
terms  of  comparison  already  fail  ns.  The  condIti(ins  of 
men  are  more  eqnal  in  Christian  conntries  at  the  i)resent 
day  than  they  have  been  at  any  previous  time,  or  in  any 
part  of  the  world ;  so  that  the  magnitude  of  what  already 
has  been  done  prevents  us  from  foreseeing  what  is  yet  to 
be  accom})lished. 

The  whole  book  which  is  here  offered  to  the  public  has 
been  written  under  the  impression  of  a  kind  of  religious 
terror  ju'oduced  in  the  author's  mind  by  the  view  of  that 
irresistible  revolution  which  has  advanced  for  centuries  in 
spite  of  every  obstacle,  and  which  is  still  advancing  in  the 
midst  of  the  ruins  it  has  caused. 

It  is  not  nec^3ssary  that  G  od  himself  should  speak  in  or- 
der that  we  may  discover  the  uncpiestionable  signs  of  his 
will.  It  is  enough  to  ascertain  what  is  the  habitual  course 
of  nature  and  the  constant  tendency  of  events.  I  know, 
without  a  special  revelation,  that  the  planets  move  in  the 
orbits  traced  by  the  Creator's  hand. 

If  the  men  of  our  time  should  be  convinced,  by  attentive 
observation  and  sincere  reHection,  that  the  gradual  and 
progressive  development  of  social  equality  is  at  once  the 
past  and  the  future  of  their  history,  this  discovery  alone 
would  confer  the  sacred  character  of  a  Divine  decree  upon 
the  change.  To  attempt  to  check  democracy  would  be  in 
that  case  to  resist  the  will  of  God ;  and  the  nations  would 
then  be  constrained  to  make  the  best  of  the  social  lot 
awarded  to  them  by  Providence. 

The  Christian  nations  of  our  day  seem  to  me  to  present 
a  most  alarming  spectacle  ;  the  movement  which  impels 
them  is  already  so  strong  that  it  cai'^ot  be  stopped,  but  it 
is  not  yet  so  rapid  that  it  cannot  be  guided.     Tlieir  fate  is 


INTKODUCTIOX. 


en  ana 

strong, 

>^J^^K 

say,  f<3r 
■i(;ns  of 

j)resent 

■  ';'JS 

•  in  any 
already 

is  vet  to 

iblic  lias 
religious 

^ 

V  of  that 

-« 

ituries  in 

ig  in  the 

ak  in  or- 

ns  of  his 

al  course 

■< 

I  know, 

ve  in  the 

attentive 

dual  and 

once  the 

iry  alone 

•ree  upon 
uld  be  in 

US  would 

social  lot 

0  present 
h  impels 
ed,  but  it 

eir  fate  is 

still  in  thfir  own  hands ;  yet  a  Httle  while,  and  it  may  be 

so  no  longer. 

The  tirst  of  the  duties  which  arc  at  this  time  imposed 
)()n  ihose  who  direct  our  aH'airs,  is  to  educate  the  dcnioc- 


^11 


racv ;  to  renovate,  if  possible,  its  religious  belief;  to  purity 
its  morals  ;  to  regulate  its  movements  ;  to  substitute  by 
dciiives  a  knowledge  of  business  lor  its  inexperience,  and 


an   accpiai 


ntance  with  its   true  interests  tl)r  its   l)lind   i 


n- 


it  to  time  and  pi: 


1 


stnicts  ;  to  adapt  its  government  to  time  ana  jjiacc,  and 
to  make  it  conform  to  the  occurrences  and  the  men  of  the 
times.  A  new  science  of  politics  is  needed  for  a  new 
world. 

This,  however,  is  what  we  think  of  least ;  placed  in  the 
middle  of  a  rapid  stream,  we  obstinately  fix  our  eyes  on 
the  ruins  which  may  still  be  descried  upon  the  shore  we 
have  left,  whilst  the  current  hurries  us  away,  and  drags  us 
backwartl  toward  the  gulf. 

In  no  country  in  Europe  has  the  great  social  revolution 
which  I  have  just  described  made  such  ra})id  progress  as 
in  France ;  but  it  has  always  advanced  without  guidance. 
The  heads  of  the  state  have  made  no  preparation  for  it, 
and  it  has  advanced  without  their  consent  or  without  their 
knowledge.  The  most  powerful,  the  most  intelligent,  and 
the  most  moral  classes  of  the  nation  have  never  attempted 
to  take  hold  of  it  in  order  to  guide  it.  The  democracy 
has  consequently  been  abandoned  to  its  wild  instincts,  and 
it  has  grown  up  like  those  children  who  have  no  parental 
guidance,  who  receive  their  education  in  the  public  streets, 
and  who  are  acquainted  only  with  the  vices  and  wretched- 
ness of  society.  Its  existence  was  seemingly  unknown, 
when  suddenly  it  acquired  supreme  power.  Every  one 
then  submitted  to  its  caprices ;  it  was  worshipped  as  the 
idol  of  strength  ;  and  when  afterwards  it  was  enfeebled  by 
its  own  excesses,  the  legislator  conceived  the  rash  project 
of  destroying  it,  instead  of  instructing  it  and  correcting  its 


ii 


I  H; 


I  i 


I , 


'1 


8 


INTRODUCTION. 


vioos.  No  attempt  was  made  to  fit  it  to  govern,  but  all 
were  bent  on  excludiui!;  it  from  the  o;ovornnient. 

The  consequence  has  been,  tliat  tlic  democratic  revolution 
has  taken  place  in  the  body  of  society,  without  tliat  con- 
(;omitant  cliangc  in  the  laws,  ideas,  customs,  and  inaiuiers, 
wliicli  was  necessary  to  render  such  a  revolution  beneliciai. 
Thus  we  have  a  democracy,  without  anything  to  lessen  its 
vices  and  brinjT  out  its  natural  advantajies :  and  ahh()U<>h 
we  ah'eady  perceive  tlie  CA'ils  it  brings,  we  are  ignorant  of 
the  benefits  it  may  confer. 

Wliile  the  power  of  the  crown,  supported  by  the  aris- 
tocracy, peaceably  governed  the  nations  of  Euro})e,  society, 
in  the  midst  of  its  wretchedness,  had  several  sources  of 
happiness  which  can  now  scarcely  be  conceived  or  ai)pre- 
ciated.  Tlie  power  of  a  part  of  his  subjects  was  an  insur- 
mountable barrier  to  the  tyranny  of  the  prince ;  and  the 
monarch,  who  felt  the  almost  divine  cliaracter  which  ho 
enjoyed  in  the  eyes  of  the  multitude,  derived  a  motive  for 
tlie  just  use  of  his  power  from  the  respect  which  he  in- 
spired. The  nobles,  high  as  they  were  placed  above  the 
people,  could  not  but  talce  that  calm  and  benevolent 
interest  in  their  fate  which  the  shepherd  feels  towards 
his  flock ;  and  without  acknowledging  the  poor  as  their 
equals,  they  watched  over  the  destiny  of  those  whose  wel- 
fare Providence  had  intnisted  to  their  care.  The  people, 
never  havino-  conceived  the  idea  of  a  social  condition  dif- 
ferent  from  their  own,  and  never  expecting  to  become 
equal  to  tlieii'  leaders,  received  benefits  from  them  without 
discussing  their  rights.  They  became  attached  to  them 
when  they  were  cl«>ment  and  just,  and  submitted  to  their 
exactions  without  resistance  or  servility,  as  to  the  inevitable 
visitations  of  the  Deitv.  Custom  and  the  manners  of  the 
time,  moreover,  had  established  certain  limits  to  oppression, 
and  put  a  sort  of  legal  restraint  upon  violence. 

As  the  noble  never  suspected  that  any  one  would  at- 


•H 


INTRODUCTION. 


9 


but  all 

•olution 
:dt  coii- 
liiuuers, 
iiL'tic'ial. 
.'sscn  its 
iltlioujj^U 
umnt  of 

the  ai'ls- 
,  society, 
urces  of 
ir  ai>i)re- 
m  insiir- 
uikI  the 
A-hich  he 
lotive  for 
■h  he  in- 
.bove  the 
ncvok'iit 
towards 
as  their 
lose  Avel- 
e  pco})h% 
itioii  thf- 
bccomc 
li  without 
to  them 
tl  to  their 
nevi  table 
rs  of  the 
)prcssion, 

kvoukl  at- 


tempt to  (li'privc  him  of  tlie  ])riviK\ij;('s  wlilch  lie  licllcvcd 
to  1)0  leiiitiinate,  and  as  the  serf  looked  upon  his  own 
inferiority  as  a  consequence  of  the  '-Minutabli!  order  of 
nature,  it  is  easy  to  imagine  that  soni ,  mutual  exclian<j;o 
of  o'ood-wiil  took  i)lace  hctwcen  two  classes  so  dillerentlv 
«nfred  by  fiite.  Ine(Mialitv  and  wretchedness  wwv  then  to 
he  found  in  society  ;  hut  the  souls  of  ni'ither  I'aid^  of  men 
were  denraded. 

Men  are  not  corrupted  by  the  exercise  of  power,  or 
debased  by  the  hahit  of  obedience;  but  by  the  exercise 
of  a  j)ower  which  they  believe  to  be  iIK';;'itiniate,  and  by 
obedience  to  a  ruJL'  which  they  consi(K>r  to  be  usur])ed 
and  oppressive. 

On  the  one  side  were  wealth,  streno-th,  aiul  leisure, 
accom])anied  by  the  reHnements  of  luxury,  the  elegance 
of  taste,  the  pleasures  of  wit,  and  the  cultivation  of  the 
arts ;  on  the  other,  were  labor,  clownishness,  and  igno- 
rance. But  in  the  midst  of  this  coarse  and  ionoi'ant  multi- 
tude it  was  not  uncommon  to  meet  with  energetic  passions, 
ffenerous  sentiments,  profound  religious  convictions,  aiul 
wild  virtues. 

The  social  state  thus  organized  might  boast  of  its  sta- 
bility, its  power,  and,  above  all,  its  glory. 

Ijut  the  scene  is  now  chann-ed.  Gradiiallv  the  distinc- 
tions  of  rank  are  done  away;  the  barriers  which  once 
severed  mankind  are  falling  down  ;  property  is  tlivided, 
power  is  shared  by  many,  the  light  of  intelligence  s})reads, 
and  the  capacities  of  all  classes  are  e(pially  cultivated.  The 
State  becomes  democratic,  and  the  empire  of  democracy  is 
slowly  and  peaceably  introduced  into  the  institutions  and 
the  manners  of  the  nation. 

I  'an  conceive  of  a  society  in  whicli  all  men  would  feel 
an  equal  love  and  respect  for  the  laws  of  which  they  con- 
sider themselves  as  the  authors  ;  in  which  the  authority  of 
the  government  would  be  respected  as  necessary,  thoufTli 
1* 


10 


INTIJODUCTIOX. 


I   i 


ft  l! 


■T-l 
'J 

Is! 

:  ''i 


Vh 


not  ns  divine;  and  in  wliicli  tlio  loyalty  of  the  suhjuct  to 
tliu  cliic'f  mM;j;i.strato  wonld  not  bo  a  i)as-,i()ij,  but  a  (|uiot 
and  rational  jK'rsuasion.  Evory  individual  being  in  the 
possession  of  rights  ■wliicli  he  is  sure  to  retain,  a  kind 
of  manly  confidence  and  reciprocal  courtesy  would  arise 
between  all  classes,  alike  removed  from  j)ride  and  serWlity. 
The  ])e()ple,  well  ac(iuainted  with  their  own  true  interests, 
would  understand  that,  in  order  to  profit  by  the  advantages 
of  society,  it  is  necessary  to  satisfy  its  requisitions.  The 
voluntary  association  of  the  citizens  might  then  take  the 
})lace  of  the  individual  exertions  of  the  nobles,  and  the 
community  would  be  alike  protected  from  anarchy  and 
from  o})})ression. 

I  admit  that,  in  a  democratic  state  thus  constituted 
society  would  not  be  stationary.  But  the  impulses  of  the 
social  body  might  there  be  regidated  and  made  progressive. 
If  there  were  less  splendor  than  in  the  midst  of  an  aris- 
tocracy, the  contrast  of  miseiy  would  also  be  less  frequent ; 
the  pleasures  of  enjoyment  might  be  less  excessive,  but 
those  of  comfort  would  be  more  general ;  the  sciences 
might  be  less  perfectly  cultivated,  but  ignorance  would 
be  less  common  ;  the  im^itnuosity  of  the  feelings  would 
be  repressed,  and  the  habirs  of  the  nation  softened ;  there 
woidd  be  more  vices  and  fewer  great  crimes. 

In  the  absence  of  enthusiasm  and  an  ardent  faith,  great 
sacrifices  may  be  obtained  from  the  members  of  a  conunon- 
wealth  by  an  appeal  to  their  understandings  and  their  ex- 
perience ;  each  individual  will  feel  the  same  necessity  of 
union  W'itli  his  fellows  to  protect  his  own  weakness ;  and 
as  he  knows  that  lie  can  obtain  their  help  only  on  condition 
of  helping  them,  he  will  readily  perceive  that  his  personal 
interest  is  identified  witli  the  interests  of  the  whole  commu- 
nity. The  nation,  taken  as  a  whole,  will  be  less  brilliant, 
less  glorious,  and  jierhaps  less  strong ;  but  the  majority  of 
the  citizens  will  enjoy  a  greater  degree  of  prosperity,  and 


1   c 


ixruoDucrio. 


11 


l)jcct  to 

a  ([iiict 
I-  ill  the 

ji  kind 
lid  arise 
servility. 
Inteivsts, 
\aiitn<2;cs 
IS.  The 
take  the 

and  the 
•cliy  and 

nstitutcd 
ses  of  the 
oo'ressive. 
f  an  aris- 
f  rcquont ; 
ssive,  but 
sciences 
cc  ^vollld 
cfs  "vvould 
ed;  there 

lith,  great 

conunon- 

tlicir  ex- 

cessity  of 

ncss ;  and 

condition 

personal 
|e  commu- 

brilliant, 
kajority  of 
lerity,  and 


the  people  will  remain  quiet,  not  \i>  uise  the  despair  •!'  a 
(•liiin"e  for  the  better,  but  because  they  are  eoiiM-im'  uat 
tlu'V  are  well  otf  already. 

If  all  the  conseipieiices  of  this  state  of  things  a\  iit)t 
^ood  or  useful,  society  would  at  least  have  aj)j>ropriated  all 
such  as  were  useful  and  good  ;  and  having  oni-e  and  tor 
ever  ri'noiii\ced  the  social  advantiiges  of  aristocracy,  niiui- 
kind  would  enter  into  })Osse.ssiou  of  all  the  beiielits  which 
democracy  can  afford. 

r»ut  here  it  may  he  asked  what  we  have  adopti'd  in  the 
j)lace  of  those  institutions,  those  ideas,  and  those  customs 
of  our  foreliithers  which  we  have  abandoned. 

The  spell  of  royalty  is  broken,  but  it  has  not  been  suc- 
ceeded by  the  majesty  of  the  laws.  The  ])eople  have 
learned  to  dopise  all  authority,  but  they  still  fear  it ;  and 
fear  now  extorts  more  than  was  formerly  paid  from  rever- 
ence and  love. 

1  perceive  that  we  have  destroyed  those  iiuVn  idual  pow- 
ers which  were  able,  single-handed,  to  cope  with  tyranny ; 
but  it  is  the  government  that  has  inherited  the  ])rivileges 
of  which  families,  cor})oratioiis,  and  individuals  have  been 
dei)rived ;  to  the  jjower  of  a  small  number  of  })ersons  — 
which,  if  it  was  sometimes  o})pressive,  was  often  conserva- 
tive —  has  succeeded  the  weakness  of  the  whole  commu- 
nity. 

The  division  of  property  lias  lessened  the  distance  which 
separated  the  rich  from  the  poor ;  but  it  would  seem  that, 
the  nearer  they  draw  to  each  other,  the  greater  is  their 
mutual  hatred,  and  the  more  vehement  the  envy  and  the 
dread  with  which  they  resist  each  other's  claims  to  power  ; 
the  idea  of  Right  does  not  exist  for  either  party,  and  Force 
aifords  to  both  the  only  argument  for  the  })resent,  and  the 
only  guaranty  for  the  future. 

The  poor  man  retains  the  prejudices  of  his  forefathers 
without   their    faith,    and    their    ignorance  without    their 


12 


ixTiJonrcTiox. 


f. 


!     B  I 


I  ' 


I'l; 


i!u, 
iiiii 


I     ii 


'tiilli 


virtues  ;  lie  lias  addptcd  the  doctrino  of  scll-intorost  as 
tlio  rule  of  Ills  actions,  witliout  uiKliTstandiii^  tlie  scictico 
\\  liicli  puts  it  to  use  ;  and  liis  scKisIincss  is  no  loss  blind 
tliau  was  t'di-nicrly  iiis  dcvotodncss  to  others. 

If  society  is  trauiniil,  it  is  not  because  it  is  conscious  of 
its  streuiitli  and  its  well-heinjx,  but  Ix^'ause  it  ii'ars  its 
weakness  and  its  inlii-niities  ;  a  siuL;;le  ellort  may  cost  it  its 
lite.  Everybody  feels  the  evil,  i)ut  no  one  has  coui'a;j;e  or 
onei'uv  enoui-h  to  seek  the  cure.  'J1ie  di'sii'es,  the  renin- 
in^s,  the  sorrows,  and  the  joys  of  tlie  present  time  lead  to 
no  visible  or  ])ermanent  result,  like  the  passions  of  oKl  n\en, 
which  terminate  in  im|)otence. 

Wc  liave,  then,  abandoned  whatever  advantao'os  the  old 
state  of  thiuiis  ailbi'ded,  without  receiving'  any  comjx'usa- 
tion  from  our  present  condition  ;  we  have  di'stroyed  an 
aristocracy,  and  wo  seem  inclined  to  sur\ey  its  ruins  with 
comj)lacency,  and  to  fix  our  abode  in  tlu>  midst  of  them. 

The  jdienomena  which  the  intellectual  world  presents 
arc  not  less  deplorable.  The;  democracy  of  France,  ham- 
pered in  its  course  or  abandoned  to  its  lawless  passions,  has 
overthi'own  whatever  crossed  its  ])ath,  and  has  shaken  all 
that  it  has  not  destroyed.  Its  empire  has  not  been  onul- 
ually  introduced,  or  peaceably  established,  but  it  has  con- 
stantly advanced  in  the  midst  of  the  disorders  and  the 
aii'itations  of  a  conflict.  In  the  heat  of  the  struii'iile,  each 
partisan  is  hurried  beyond  the  natural  limits  of  his  opinions 
by  the  doctrines  and  the  excesses  of  his  o])])onents,  until  he 
loses  si<2;ht  of  the  end  of  his  exertions,  and  holds  a  lauo-uao-e 
wliicli  does  not  express  bis  real  sentiments  or  secret  in- 
stincts. Ilence  arises  the  strauiJi-e  confusion  wliich  we  are 
compelled  to  witness. 

I  can  recall  nothing  in  history  more  worthy  of  sorrow 
and  l>ity,  than  the  scenes  which  are  passino;  luider  our  eyes. 
It  is  as  if  the  natural  bond  which  imites  the  o])ini()ns  of 
man  to  his  tastes,  and  his  actions  to  his  principles,  was 


-^ 


M 


i 


vest  ns 

■;  l)lin(l 

lous  of 
.'iirs  its 
)st  it  its 
ira^(!  or 
'  ri'i>in- 
.  Iciid  to 
lUl  incn, 

the  oltl 

-oyi'il  :"i 
lins  with 
tlu'iu. 
presents 
ee,  hnm- 
ions,  luis 
liiken  all 

lias  eon- 
aiul   tlie 

i-ivU',  each 
opinions 

,  nntil  he 
Iani2;nai2;e 
(>cret  in- 
h  Ave  are 

)f  sorrow 

o\n*  eyes. 

kinions  of 

[pies,  was 


INTIfODrcTIOX. 


18 


now  lirnkiMi  ;  the  ^ym|)atlly  wliich  has  always  been  oIh 
servcil  lictween  the  tet'HuLjs  and  tim  ideas  of  niaiddnd 
aj)|»ears  to  i)e  dissolved,  and  all  the  laws  of  moral  aiial- 

on;v    to    Ik'    al)i»li>he(l. 

Zealons  Christians  are  still  found  amongst  ns,  whoso 
minds  are  nnrtni'ed  on  tlu^  thonyhts  which  pertain  to  a 
hitnre  lile,  ami  who  readily  espouse  the  cause  of  human 
lihertv  r.s  the  source  of  all  moral  •••reatness.  Christianity, 
which  has  declared  that  all  men  are  eijual  in  the  sioht  of 
(Joil,  will  not  ivfuse  to  acknowledni^  that  all  citi/i'iis  are 
('(pial  in  the  eye  of  the  law.  iJut,  hy  a  singular  concourse 
of  cNcnts,  reliii'ion  has  been  for  a  time  entangled  with  those 
institutions  which  democracy  assails  ;  and  it  is  not  unfrc- 
(luently  bronn'ht  to  reject  the  eipiality  which  it  loves,  and 
to  curse  that  cause  of  liberty  as  a  I'oe,  whose  etforts  it 
miu'lit  hallow  by  its  alliance. 

I'.y  the  side  of  these  reliifions  men,  I  discern  others 
whose  looks  are  turned  to  earth  rather  <lian  to  heaven. 
These  are  the  ])artisans  of  liberty,  not  only  as  the  source 
of  the  noblest  virtues,  but  more  especially  as  the  root  of  all 
solid  advanta<2;es  ;  and  they  sincerely  desire  to  secnre  its 
authority,  and  to  im])art  its  blessinn-s  to  mankind.  It  is 
natural  that  they  should  hasten  to  invoke  the  assistance  of 
reliuion,  for  thev  must  know  that  liberty  cannot  be  estal)- 
lished  withont  morality,  nor  morality  without  faith.  But 
they  have  seen  religion  in  the  ranks  of  their  adversaries, 
and  they  inqnirc  no  further ;  some  of  them  attack  it 
openly,  and  the  remainder  are  afraid  to  defend  it. 

In  ibrmer  an;es,  slavery  was  advocated  by  the  venal  and 
slavish-minded,  whilst  the  independent  and  the  warm- 
hearted were  strnixulinif  withont  hope  to  save  the  liberties 
of  mankind.  But  men  of  hiifli  and  o;enerous  characters 
are  now  to  be  met  with,  whose  opinions  are  at  variance 
with  their  inclinations,  and  who  praise  that  servility  which 
they  have  themselves  never  known.     Others,  on  the  con- 


H  ' 


5 


iHJi 


*  t 


!i 


i< ' 


li'f 


14 


INTRODUCTION. 


tr.iiy,  spcfik  of  liberty  as  if  tliey  were  al)lc  to  feci  its  sanc- 
tity and  its  majesty,  and  loudly  claim  for  humanity  those 
rights  which  they  have  always  refused  to  acknowledge. 

There  are  virtuous  and  peaceful  individuals  Avhosc  pure 
morality,  quiet  habits,  opulence,  and  talents  fit  them  to  be 
the  lea(l<>rs  of  the  surrounding  population.  Their  love  of 
country  is  sincere,  and  they  are  ready  to  make  the  greatest 
sacrifices  for  its  welfare.  But  civilization  often  finds  them 
among  its  opponents ;  they  confound  its  abuses  with  its 
benefits,  and  the  idea  of  evil  is  inseparable  in  their  minds 
from  that  of  novelty. 

Near  these  I  find  others,  whose  object  is  to  materialize 
mankind,  to  hit  upon  what  is  expedient  without  heeding 
W'hat  is  just,  to  acquire  knowledge  without  faith,  and  pros- 
perity apart  from  virtue ;  claiming  to  be  the  champions  of 
modern  civilization,  they  place  themselves  arrogantly  at  its 
head,  usurping  a  place  which  is  abandoned  to  them,  and 
of  which  they  are  wholly  unworthy. 

Where  are  we,   then  ? 

The  religionists  are  the  enemies  of  liberty,  and  the 
friends  of  liberty  attack  religion ;  the  high-minded  and 
the  nol)le  advocate  bondage,  and  the  meanest  and  most 
servile  preach  independence ;  honest  and  enlightened  citi- 
zens are  opposed  to  all  progress,  whilst  men  without  patri- 
otism and  without  principle  put  themselves  forward  as  the 
a})ostles  of  civilization  and  intelligence. 

Has  such  been  the  fate  of  the  centuries  which  have  pre- 
ceded our  own  ?  and  has  man  always  inhabited  a  Avorld 
like  the  present,  where  all  things  are  out  of  their  natural 
connections,  where  virtue  is  without  genius,  and  genius 
without  honor ;  where  the  love  of  order  is  confounded 
with  a  taste  for  oppression,  and  the  holy  rites  of  freedom 
with  a  contempt  of  law  ;  where  the  light  thrown  by  con- 
science on  human  actions  is  dim,  and  where  nothing  seems 
to  be  any  lono;er  forbidden  or  allowed,  honorable  or  shame- 
ful,  false  or  true  ? 


IXTi:01)l'CTI(JN. 


15 


ts  sanc- 
ty  those 
Igc. 

)S0  pure 
n  to  be 
•  love  of 
greatest 
ids  them 
with  its 
lir  minds 

aterialize 
heeding 
md  pros- 
iiplons  of 
itly  at  its 
hem,  and 


and   the 

iided  and 

and  most 

eiied  citi- 

)ut  patri- 

rd  as  the 

[liave  prc- 
a  world 
[ir  natural 
kl  scnius 
)n  founded 
If  freedom 
^1  by  con- 
lino-  seems 
lor  sharae- 


I  cannot  believe  tliat  the  Creator  made  man  to  leave 
him  in  an  endless  struggle  with  the  intellectual  miseries 
which  surround  us.  God  destines  a  calmer  and  a  more 
certain  future  to  the  comnv.inities  of  Eur()})e.  I  am  igno- 
rant of  his  desisins,  but  I  shall  not  cease  to  believe  in  them 
because  I  cannot  fathom  them,  and  I  had  rather  mistrust 
my  own  capacity  than  his  justice. 

There  is  a  country  in  the  world  where  the  great  social 
revolution  which  I  am  speaking  of  seems  to  have  nearly 
reached  its  natural  limits.  It  has  been  effected  with  ease 
and  quietness  ;  say  rather  that  this  country  is  rea})ing  the 
fruits  of  the  democratic  revolution  wliich  we  are  under- 
Soino;,  without  havinii"  had  the  revolution  itself. 

The  emiii'rants  who  colonized  the  shores  of  America  in 
the  beginning  of  the  seventeentli  century  somehow  sep- 
arated the  democratic  principle  from  all- the  principles 
which  it  had  to  contend  with  in  the  old  conununities  of 
Europe,  and  transplanted  it  alone  to  the  New  World.  It 
has  there  been  able  to  spread  in  j)erf(.'ct  freedom,  and 
peaceably  to  determine  the  character  of  the  laws  by  in- 
fluencing the  maimers  of  the  country. 

It  appears  to  me  beyond  a  doubt  that,  sooner  or  later, 
we  shall  arrive,  like  the  Americans,  at  an  almost  complete 
equality  of  condition.  But  I  do  not  conclude  from  this, 
that  we  shall  ever  be  necessarily  led  to  draw  the  same  po- 
litical consequences  which  the  Americans  have  derived 
from  a  similar  social  organization.  I  am  far  from  sup- 
posing that  they  have  chosen  tlie  only  form  of  government 
which  a  democracy  may  adopt;  but  as  the  generative 
cause  of  laws  and  manners  in  the  two  countries  is  the 
same,  it  is  of  immense  interest  for  us  to  know  what  it  has 
jiroduced  in  each  of  them. 

It  is  not,  then,  merely  to  satisfy  a  legitimate  curiosity 
that  I  have  examined  America ;  my  wish  has  been  to  find 
there  instruction  by  wliich  we  may  ourselves  profit.    Who- 


^1 

r 

if 
\> 

■■I 

•  ■; 
■I 


a 


i:  E; 


(     m 


(fl    ill! 


■1 


:ii'i: 


liiH 


16 


INTRODUCTION, 


ever  should  iiniiglne  tliat  I  have  iiiteiidod  to  write  a  pan- 
egyric.' Avould  be  strangely  mistaken,  and  on  reading  this 
hook,  he  will  perceive  that  such  was  not  my  design :  nor 
has  it  been  my  object  to  advocate  any  form  of  government 
in  particnlar,  for  I  am  of  opinion  that  absolute  excellence 
is  rarely  to  be  found  in  any  system  of  laws.  I  have  not 
even  pretended  to  jndge  whether  the  social  revolution, 
which  I  believe  to  be  irresistible,  is  advantageous  or  preju- 
dicial to  mankind.  I  have  acknowledged  this  revolution 
as  a  fact  already  accomplished,  or  on  the  eve  of  its  accom- 
plishment ;  and  I  have  selected  the  nation,  from  amongst 
those  which  have  undergone  it,  in  which  its  development 
has  been  the  most  peaceful  and  the  most  complete,  in  order 
to  discern  its  natural  consequences,  and  to  find  out,  if  possi- 
ble, the  means  of  rendering  it  profitable  to  mankind.  I  con- 
fess that,  in  America,  I  saw  more  than  America ;  I  sought 
there  the  image  of  democracy  itself,  with  its  inclinations, 
its  character,  its  prejudices,  and  its  passions,  in  order  to 
learn  what  we  have  to  fear  or  to  hope  from  its  progress. 

In  the  first  part  of  this  Avork,  I  have  attempted  to  show 
the  direction  given  to  the  laws  by  the  democracy  of  Amer- 
ica, which  is  abandoned  almost  without  restraint  to  its 
instinctive  propensities ;  and  to  exhib  t  the  course  it  pre- 
scribes to  the  government  and  the  influence  it  exercises  on 
affairs.  I  have  sought  to  discover  the  evils  and  the  advan- 
tages which  it  brings.  I  have  examined  the  precautions 
used  by  the  Americans  to  direct  it,  as  well  as  those  which 
they  have  not  adopted,  and  I  have  undertaken  to  point  out 
the  causes  which  enable  it  to  govern  society.  I  do  not 
know  whether  I  have  succeeded  in  making  known  Avhat  I 
saw  in  America,  but  I  am  certain  that  such  has  been  my 
sincere  desire,  and  that  I  have  never,  knowingly,  moulded 
facts  to  ideas,  instead  of  ideas  to  facts. 

Whenever  a  point  could  be  established  by  the  aid  of 
written  documents,  I  have  had  recour 


I'se 


to  tl 


le  on  (Tin 


al 


:f 


INTHODUCTION.  1 1 

text,  and  to  the  most  uiitlientic  and  approved  works.*  I 
Jiave  cited  ly  autliorities  in  the  notes,  and  any  one  may 
refer  to  tliem.  AVlienever  opinions,  poHtieal  customs,  or 
remarks  on  tlie  manners  of  tlie  country  were  concerned,  I 
liave  endeavored  to  consult  tlie  most  en!ii;htened  men  I  met 
with.  ]f  the  point  in  question  was  important  or  douhtful, 
I  was  not  satisfied  with  one  testimony,  but  I  formed  my 
opinion  on  the  evidence  of  several  witnesses.  Here  the 
reader  must  necessarily  rely  upon  my  word.  I  could 
frequently  have  quoted  names  which  are  either  known 
to  him,  or  which  deserve  to  be  so,  in  proof  of  what  I 
advance ;  but  I  have  carefully  abstained  from  this  prac- 
tice. A  stranger  frequently  hears  important  truths  at  the 
fireside  of  his  host,  which  the  latter  would  ]>erha])s  con- 
ceal from  the  ear  of  friendship  ;  he  consoles  himself  with 
his  guest  for  the  silence  to  which  he  is  restricted,  and  the 
shortness  of  the  traveller's  stay  takes  away  all  fear  of  his 
indiscretion.  I  carefully  noted  every  conversation  of  this 
nature  as  soon  as  it  occurred,  but  these  notes  will  never 
leave  my  writing-case.  I  had  rather  injure  the  success  of 
my  statements  than  add  my  name  to  the  list  of  those  stran- 
gers ^\]\o  repay  the  generous  hospitality  they  have  received 
by  subsequent  chagi'in  and  annoyance. 

I  am  aware  that,  notwithstanding  my  care,  nothing  will 
be  easier  than  to  criticise  this  book,  if  any  one  ever  chooses 
to  criticise  it. 


*  Lcirislative  and  executive  docunients  have  been  furnislied  to  me  with  a 
kindness  wiiieh  I  shall  always  reineniher  with  {iratitude.  Anion<i:  tlio  Anier- 
ican  statesmen  who  have  thus  helped  my  researches,  I  will  mention  particu- 
larly  Mr.  Edward  Livingston,  then  Secretary  of  State,  afterwards  Minister 
Plenipotentiary  at  Paris.  Durin;:^  my  stay  at  Wasliington,  lie  was  kind 
enough  to  give  me  most  of  the  documents  which  1  possess  relating  to  the 
Federal  Government.  Mr.  Livingston  is  one  of  the  k'W  men  whose  writings 
cause  us  to  conceive  an  aifoction  for  them,  wiiom  we  admire  and  respei't 
even  liefore  we  come  to  know  them  personally,  and  to  whom  it  is  a  pleasure 
to  owe  a  debt  of  gratitude. 


^ll 


Uf 


nrr » 


.  ^  I 


<   iili 


I 


\M 


I 


I: 

i  1 


it 


i| 
iiti 


18 


INTPwODUCTION. 


Tliose  readers  wlio  may  examine  it  closely  will  discover, 
I  think,  in  the  whole  work,  a  dominant  thought  which 
binds,  so  to  speak,  its  several  parts  together.  But  the  di- 
versity of  the  subjects  I  have  had  to  treat  is  exceedingly 
great,  and  it  will  not  be  difficult  to  oppose  an  isolated  fact 
to  the  body  of  facts  which  I  cite,  or  an  isolated  i*lea  to  the 
body  of  ideas  I  put  forth.  I  hope  to  be  read  in  the  spirit 
which  has  guided  my  labors,  and  that  my  book  may  be 
judged  by  the  general  impression  it  leaves,  as  I  have 
formed  my  own  judgment  not  on  any  single  reason,  but 
upon  the  mass   of  evidence. 

It  must  not  be  forgotten  that  the  author  who  wishes  to 
be  understood  is  obliged  to  push  all  his  ideas  to  their  ut- 
most theoretical  consequences,  and  often  to  the  verge  of 
what  is  false  or  impracticable ;  for  if  it  be  necessary  simie- 
times  to  depart  from  the  rules  of  logic  in  action,  such  is 
not  the  case  in  discourse,  and  a  man  finds  it  almost  as  diffi- 
cult to  be  inconsistent  in  his  language,  as  to  be  consistent 
in  his  conduct. 

I  conclude  by  myself  pointing  out  what  many  readers 
will  consider  the  principal  defect  of  the  work.  This  book 
is  written  to  favor  no  particular  views,  and  in  composing 
it,  I  have  entertained  no  desirni  of  serving  or  attackino- 
any  party.  I  have  undertaken,  not  to  see  diffiirently  from 
others,  but  to  look  further  than  others,  and  whilst  they  are 
busied  for  the  morrow  only,  I  have  turned  my  thoughts  to 
the  whole  fixture. 


i'iii;! 


DEMOCRACY  IN   AMERICA. 


CHAPTER    I. 

EXTERIOR   FORM   OF   NORTH    AMERICA. 

North  America  divided  into  two  vast  Eepjiona,  one  inelininj^  toward  the 
Pok',  tlic  other  toward  the  E(iuator.  —  Valley  of  tlic  Mississippi. — 
Traces  found  tJiere  of  the  Kevolutions  of  tlie  Glolie.  —  Shore  of  tlic 
Atlantic  Ocean,  on  which  the  Enjilisli  Colonics  "were  founded.  — 
Different  Aspects  of  North  and  of  South  America  at  the  Time  of 
their  Discovery.  —  Forests  of  North  America.  —  Prairies.  —  Wandering 
Tribes  of  Natives.  —  Their  outward  Appearance,  Planners,  and  Lan- 
guages. —  Traces  of  an  unknown  People. 


NORTH  AjMERICA  presents  in  its  external  form 
certain  general  features  which  it  is  easy  to  discrim- 
inate at  the  first  glance. 

A  sort  of  methodical  order  seems  to  have  re<xulated  the 
separation  of  land  and  water,  mountains  and  valleys.  A 
simple  but  grand  aiTangement  is  discoverable  amidst  the 
confusion  of  objects  and  the  prodigious  variety  of  scenes. 

This  continent  is  divided  almost  equally  into  two  vast 
regions,  one  of  which  is  bounded  on  the  north  by  the  Arc- 
tic Pole,  and  by  the  two  great  oceans  on  the  east  and  west. 
It  stretches  toward  the  south,  forming  a  triangle,  whose 
irregular  sides  meet  at  leno;th  above  the  fji'eat  lakes  of 
Canada.  The  second  region  begins  where  the  other  ter- 
minates,  and  includes  all  the  remainder  of  the  continent. 
The  one  slopes  gently  toward  the  Pole,  the  other  toward 
the  Equator. 


t 


llll 


mil 


5f; 


■I 


I     ! 


ill] 


HI    J 
ill 


II 


Hi 


{!  |i: 


'  rid 
1 1  111  I 


!i: 


i  ! 
I  i 


m 

1*1)' 

i; 


20 


DEMOt'UACY    IN    AMKKICA. 


The  territory  comprcliended  in  tlie  first  reo-joii  descends 
toward  tlie  north  with  so  imperceptible  a  slope,  that  it 
may  almost  be  said  to  form  a  ])lain.  Within  the  bounds 
of  this  immense  level  tract  there  are  neither  hiij;h  moun- 
tains nor  dee})  valleys.  Streams  meander  through  it  irreg- 
ularly ;  great  rivers  intertwine,  separate,  and  meet  again, 
sj)read  into  vast  marshes,  losing  all  trace  of  t'- -ir  channels 
in  the  labyrinth  of  waters  they  have  themselves  created, 
and  thus  at  leno-th,  after  innumeral)le  ■svindiiiiis,  fall  into 
the  Polar  seas.  The  great  lakes  which  bound  this  first 
region  are  not  walled  in,  like  most  of  those  in  the  Old 
World,  between  hills  and  rocks.  Their  banks  are  flat, 
and  rise  but  a  few  feet  above  the  level  of  their  waters,  — 
each  of  them  thus  formino;  a  vast  bowl  filled  to  the  brim. 
The  sliiihtest  chano-e  in  the  structure  of  the  olobe  Avould 
cause  their  waters  to  rush  either  towards  the  Pole  or  to 
the  tropical  seas. 

The  second  region  has  a  more  broken  surface,  and  is  bet- 
ter suited  for  the  habitation  of  man.  Two  lono;  chains  of 
mountains  divide  it,  from  one  extreme  to  the  other :  the 
one,  named  the  Alleghany,  follows  the  direction  of  the 
shore  of  the  Atlantic  Ocean ;  the  other  is  parallel  with 
the  Pacific. 

The  sjiace  which  lies  between  these  two  chains  of  moun- 
tains contains  1,841,049  square  miles.*  Its  surface  is 
therefore  about  six  thnes  as  great  as  that  of  France. 

This  vast  territory,  however,  forms  a  single  valley,  one 
side  of  which  descends  from  the  rounded  summits  of  the 
Alleghanies,  while  the  other  rises  in  an  uninterrupted 
course  to  the  tops  of  the  Rocky  Mountains.  At  the  bot- 
tom of  the  valley  flows  an  immense  river,  into  which  the 
various  streams  issuing  from  the  mountains  fall  from  all 
parts.  In  memory  of  their  native  land,  the  French  for- 
merly called  tliifl   river  the  St.  Louis.     The   Indians,  in 


* 


Darby's  View  of  the  United  States,  p.  499. 


EXTERIOR   FOIJM    OF   XOUTIl    AMERICA. 


21 


tlu'ir  pompous  laiin;nao;e,  have  named  it  the  Fatla-r  of 
Waters,   or   the   ]\lississi})pi. 

The  Mississippi  takes  its  source  at  the  boundary  of  tlie 
two  oreat  reirions  of  Avliich  I  have;  spoken,  not  far  from  the 
hi'diest  iKjint  of  the  table-land  wliert^  tliev  unite.  Near 
the  same  sj)Ot  rises  another  river  [tlie  lied  River  of  the 
North],  Avhicli  empties  itself  into  llie  Polar  seas.  The 
course  of  the  jNIississippi  is  at  first  did)ious :  it  wiuds  sev- 
eral times  towards  the  north,  whence  it  rose ;  and  only  at 
len^'th,  after  liavinu:  been  delayed  in  lakes  aud  marshes, 
does  it  assume  its  definite  direction,  and  flow  slowly  on- 
ward to  the  south. 

Sometimes  quietly  gliding  along  the  argillaceous  bed 
which  nature  has  assigned  to  it,  sometimes  swollen  by 
freshets,  the  Mississippi  waters  over  2,500  miles  in  its 
course.  At  the  distance  of  l,-j()4  miles  from  its  month, 
this  river  attains  an  average  dej)th  of  fifteen  feet ;  and  it  is 
navigated  by  vessels  of  oOO  tons  burden  for  a  course  of 
nearly  oOO  miles.  Fifty-seven  large  navigable  rivers  con- 
trllaite  to  swell  the  waters  of  the  jNIississippi ;  amongst 
others,  the  jSlissouri,  which  traverses  a  s])ace  of  2,000 
miles,  the  Arkansas,  1,300  miles,  the  Red  River,  1,000 
miles,  the  Ohio,  9")9  miles ;  four  whose  course  is  from  800 
to  1,000  miles  in  length,  viz.  the  Illinois,  the  St.  Peter's, 
the  St.  Francis,  and  the  Des  Moines  ;  besides  a  countless 
multitude  of  rivulets  which  unite  from  all  parts  their  trib- 
utary streams. 

The  valley  which  is  watered  by  the  Mississippi  seems  to 
have  been  created  fcr  it  alone,  and  there,  like  a  god  of  an- 
tiquity, the  river  dispenses  both  good  and  exW.  Near  the 
stream,  natiu'e  displays  an  inexhaustible  fertility  ;  iu  pro- 
portion as  you  recede  fi'om  its  banks,  the  powers  of  vegeta- 
tion liuiguish,  tlie  soil  becomes  poor,  and  the  plants  that 
sui'vd\'e  have  a  sickly  growth.*     Nowhere  have  the  great 

*  This  statcmeut  is  exaggerated,  or  gives  a  false  impression.     The  fertile 


JtlMilfc    Ifclb-MUl 


.-^■.■.  .  ..^  '-f  '   ii- 


22 


DKMOCRACY   IN   AMERICA. 


11  m 


convulsions  of  tlic  n-loLe  loft  more  evident  traces  than  in 
the  valley  of  the  Mississippi.  The  whole  aspect  of  the 
country  shows  the  powerful  effects  of  water,  hoth  by  its 
fertility  and  its  barrenness.  The  waters  of  the  primeval 
ocean  accumulated  enonnous  beds  of  vecjetable  mould  in 
the  valley,  which  they  levelled  as  they  retired.  Upon  the 
right  bank  of  the  river  are  found  immense  plains,  as 
smooth  as  if  the  husbandman  had  passed  over  them  with 
his  roller.  As  you  approach  the  mountains,  the  soil  be- 
comes more  and  more  unequal  and  sterile ;  the  ground  is, 
as  it  were,  pierced  in  a  thousand  places  by  primitive  rocks, 
which  appear  like  the  bones  of  a  skeleton  whose  flesh  has 
been  consumed  by  time.  The  surface  of  the  earth  is  cov- 
ered with  a  granitic  sand,  and  huge,  irregular  masses  of 
stone,  among  which  a  few  plants  force  their  growth,  and 
give  the  appearance  of  a  green  field  covered  with  the  ruins 
of  a  vast  edifice.  These  stones  and  this  sand  discover,  on 
examination,  a  perfect  analogy  with  those  which  compose 
the  arid  and  broken  summits  of  the  Rocky  jNIountains. 
The  flood  of  waters  which  washed  the  soil  to  the  bottom 
of  the  valley,  afterwards  carried  away  portions  of  the 
rocks  themselves ;  and  these,  dashed  and  bruised  against 
the  neifjhborino;  cliffs,  were  left  scattered  like  wrecks  at 
their  feet.* 

The  valley  of  the  Mississippi  is,  upon  the  whole,  the 
most  magnificent  dwelling-place  prepared  by  God  for 
man's  abode ;  and  yet  it  may  be  said  that  at  present  it  is 
but  a  mighty  desert.f 

On  the  eastern  side  of  the  Alleghanies,  between  the 
base  of  these  mountains  and  the  Atlantic  Ocean,  there  lies 

land  "  near  the  stream  "  is  often  over  five  hundred  miles  broad,  and  only  on 
the  western  side,  and  at  a  greater  distance  than  this,  is  found  a  great  sterile 
tract  to  which  this  description  is  applicable.  —  Am.  Ed. 

*  See  Appendix  A. 

t  The  population  of  the  valley  is  now  nearly  thrice  as  great  as  it  was 
when  this  was  written.  —  Am.  Ed. 


EXTKHIOR    FORM    OF   NOinil    AMKRICA. 


23 


a  lono-  ridixo  of  rocks  and  sand,  Avhicli  tho  soa  appears  to 
have  left  holiind  as  it  retired.  The  mean  breadtli  of  this 
territory  does  not  exceed  one  luindred  miles ;  but  it  is 
al)out  nine  liundred  miles  in  lenn;tli.  This  part  of  tho 
American  continent  has  a  soil  which  offers  every  obstacle 

« 

to  the  husbandman,  and  its  vegetation  is  scanty  and  un- 
varied. 

Upcm  this  inhospitable  coast  the  first  united  efforts  of 
human  industry  were  made.  This  tongue  of  arid  land 
was  the  cradle  of  those  English  colonies  which  were  des- 
tined one  day  to  become  the  United  States  of  America. 
The  centre  of  power  still  remains  here  ;  whilst  in  the  rear 
of  it  the  true  elements  of  the  great  people  to  whom  the 
future  control  of  the  continent  belouiis  are.  natjicrino;  al- 
most  in  secrecy  together. 

When  the  Europeans  first  landed  on  the  shores  of  the 
West  Indies,  and  afterwards  on  the  coast  of  South  Amer- 
ica, they  thought  themselves  transported  into  those  fabu- 
lous regions  of  wdiicli  poets  had  sung.  The  sea  sj)arkled 
with  phosphoric  light,  and  the  extraordinary  transparency 
of  its  waters  discovered  to  the  view  of  the  naviirator  all 
the  depths  of  the  abyss.*  Here  and  there  appeared  little 
islands  perftimed  wnth  odoriferous  plants,  and  resembling 
baskets  of  flowers  floating  on  the  tranquil  surface  of  the 
ocean.  Every  object  which  met  the  sight,  in  this  en- 
chanting region,  seemed  prepared  to  satisfy  the  wants  or 
contribute  to  the  pleasures  of  man.  Almost  all  the  trees 
were  loaded  with  nourishing  fruits,  and  those  which  were 
useless  as  food  delighted  the  eye  by  the  brilliancy  and 
variety  of  their  colors.     In  groves  of  fragrant  lemon-trees. 


*  Maltc  Brun  tells  tis  (Vol.  III.  p.  726)  that  the  water  of  the  Caribbean 
Sea  is  so  transparent,  that  corals  and  fish  arc  discernihle  at  a  depth  of  sixty 
fathoms.  The  ship  seemed  to  float  in  air,  the  naviuator  became  jriddy  as 
his  eye  penetrated  through  the  crystal  flood,  and  beheld  submarine  jrardens, 
or  beds  of  sliells,  or  gilded  fishes  gliding  among  tufts  and  thickets  of  sea- 
weed. 


■2[ 


DEMOCKAiJV    IN    AMKIilCA. 


wild  fi«i;s,  floworiii;^;  iiiyrtlt's,  aciU'Ias,  and  olciuiders,  wlilcli 
wtTc  Imiiii;  witli  iostooiis  of  various  cliniltiiio-pliints,  covorod 
with  ilowciN,  a  multitude  of  l»irds  uidxiiown  in  Kiin>[)C? 
displayed  their  hiM^ht  plmuajio,  o;litteriiii;'  with  jmrple  and 
azure,  and  niin<;led  their  warblino;  with  the  haruujuy  of  a 
world  teemiuo-  witli  life  and  motion.* 

Undt-rneatli  this  hi'illiant  exterior,  death  was  concealed. 
But  this  fact  was  uot  then  known,  and  the  air  of  these 
(Tunates  had  so  enervating  an  influence,  that  man,  ab- 
sorbed l)j  present  enjoyment,  was  rendered  regardless  of 
the  future. 

Nortli  America  appeared  under  a  very  different  aspect : 
there,  everything  was  grave,  serious,  and  solemn  ;  it  seemed 
created  to  be  the  domain  of  intelligence,  as  the  South  was 
that  of  sensual  delight.  A  turbulent  and  foggy  ocean 
washed  its  shores.  It  was  girt  round  by  a  belt  of  granitic 
rocks,  or  bv  wide  tracts  of  sand.  The  foliajxe  of  its  woods 
was  dark  and  gloomy ;  for  they  were  composed  of  firs, 
larches,  evergreen  oaks,  wnld  oli\e-trees,  and  laurels. f 

Beyond  this  outer  belt  lay  the  thick  shades  of  the  central 
foi.^^'^s,  where  the  largest  trees  which  are  })roduced  in  the 
two  hemispheres  grow  side  by  side.  The  jdane,  the  catalpa, 
the  sugar-maple,  and  the  Virginian  ])oplar  mingled  their 
branches  with  those  of  the  oak,  the  beech,  and  the  lime. 

In  these,  as  in  the  forests  of  the  Old  World,  destruction 
was  perpetually  going  on.  The  ruins  of  vegetation  were 
heaj^ed  upon  each  other ;  but  there  was  no  laboring  hand 
to  remove  them,  and  their  decay  was  not  rapid  enough 
to  make  room  for  the  contimial  work  of  reproduction. 
Climbing  plants,  grasses,  and  other  herbs  forced  their  way 
through  the  mass  of  dying  trees ;  they  crept  along  their 
bending  trunks,  found  nourishment  in  their  dusty  cavities, 

*  Sec  Appendix  B. 

t  Tliese  are  not  good  specimens  of  the  trees  on  our  Atlantic  coast.  Firs, 
pines,  cypresses,  wliite  and  live  oaks,  would  have  been  a  better  enumeration. 
—  Am.  Ed. 


-  •,!fH 


r.xTi:Ki(»u  i"<)i;m  or  noimh  ami:i:i«;a. 


25 


iiUi]  i\  itijssa;j;i'  lu'iu'iith  the  lit'cK'ss  l);irk.  'IMiii-;  (U'cny  '^a\x* 
its  assistiiiico  to  lili',  and  tlu'ir  respective'  productions  were 
niiiii;led  tou'etlier.  'Die  dej)tlis  of  these  forests  were  i;'loonjy 
and  ohscuri',  and  a  thousand  rivulets,  inidirected  in  tiieir 
conrsi'  hy  lunnan  industry,  preserved  in  tiieni  a  constant 
moisture.  It  was  rare  to  meet  with  Mowers,  wild  I'ruits,  or 
birds,  beneath  their  shades.  The  fall  of  a  trei'  overthrown 
by  a<ii>,  the  rushinii;  torrent  of  a  cataract,  tlie  lowini^  of  the 
l)ufi'alo,  and  the  howlin;;-  of  the  ■wind,  were  the  only  sounds 
which  broke  the  silence  of  nature. 

To  the  east  of  the  great  river,  tbe  woods  almost  dis- 
ai)peared  ;  in  their  stead  were  seen  prairies  of  immense 
extent.  Whether  Nature  in  her  infinite  \ariety  liad  denied 
the  germs  of  trees  tj  these  fertile  ])lains,  or  whether  they 
had  once  been  covered  with  forests,  subs(M|uently  destroyed 
by  the  hand  of  man,  is  a  question  which  neither  tradition 
nor  scientific  research  lia.s  been  able  to  answer. 

These  immense  deserts  were  not,  however,  wholly  un- 
tenanted by  men.  Some  wandi  ring  tribes  liad  been  for 
ages  scattered  among  the  forest  shades  or  the  green  pas- 
tures of  the  prairie.  From  tlie  mouth  of  the  St.  Lawrence 
to  the  Delta  of  the  Mississippi,  and  from  the  Atlantic  to 
the  Pacific  Ocean,  these  savages  possessed  certain  points  of 
resemblance  which  bore  witness  of  their  common  origin  : 
but  at  the  same  time,  they  differed  from  all  other  known 
races  of  men  ;*  they  were  neither  Avhito  hke  tlie  Europeans, 

*  With  the  prorfrcss  of  discovery,  some  rosemI)lnncc  has  l)een  foiuid  to 
exist  between  the  ])liysieal  eoiiforination,  the  laii<j;uaLj;e,  and  tlie  liahits  of  tlic 
Indians  of  North  America,  and  those  of  the  Tonj^ous,  Mantihous,  Mo;iuls, 
Tatars,  and  other  wanderinj^  trihes  of  Asia.  Tlie  land  occnjiied  hy  these 
trihes  is  not  very  distant  from  Behrinj^'s  Strait ;  which  i.liows  of  the  suppo- 
sition, that  at  a  remote  jicriod  they  gave  inliahitants  to  the  desert  continent 
of  America.  But  this  is  a  point  which  has  not  yet  been  clearly  elucidated 
by  science.  Sec  IMaltc  Brun,  Vol.  V. ;  the  works  of  Humboldt ;  Fisclier, 
"  Conjecture  sur  rOrigiue  dc8  Americaius  "  ;  Adair,  "  History  of  the  Amer- 
ican ludii.  IS." 


;i , 


20 


DKMOCRACY  IN   AMFJMCA. 


nor  yt*ll*>w  like  most  of  tlic  Asnitics,  nor  Itliick  like  tlio 
lu'ixrocs.  Tlicir  skin  was  rcildisli  hrown,  tlicir  liaii'  loiii; 
jiiid  sliiiiino;,  tlicii"  li])s  fliin,  and  tlicii*  cIu'cklMdH's  very 
jiromiiu'iit.  'I'lu'  l;innnjiM;e's  sj)ok('ii  l)y  the  North  Ameri- 
can trihos  won;  viirious  as  iiir  as  rcirai'diMl  tlicir  words,  but 
tlu'V  were  stdtieet  to  tlie  sam(!  m'nmmatieal  rules.  Tiieso 
rules  (littered  in  several  jioints  from  sueli  as  liad  been 
observed  to  i^overn  the  orii^in  of  latiixuaixe.  The  idiom 
of  the  AniiMMcans  seeme(l  to  be;  the  ])rodu('t  of  new  com- 
binations ;  and  bespoke  an  effort  of  tbe  imderstandino;,  of 
which  tbo  Indians  of  our  days  would  be  incapable.* 

Tlie  social  state  of  these  tribes  (lifferi'(l  also  in  manv 
respects  from  all  that  was  seen  in  the  ( )l(l  World.  They 
seem  to  have  multij)lied  freely  in  the  midst  of  their  deserts, 
without  cominji  in  contact  witli  other  races  more  civilized 
than  their  own.  Accordingly,  they  exhibited  none  of  those 
indistinct,  incoherent  notions  of  ritrhr  arid  wronn;,  none  of 
that  deep  corruption  of  manners,  Avhich  is  usually  joined 
with  ignorance  and  rudeness  amono;  nations  who,  after 
advancino;  to  civilization,  have  relapsed  into  a  state  of 
barbarism.  The  Indian  was  indebted  to  no  one  but  him- 
self; his  virtues,  his  vices,  and  his  prejudices  were  his  own 
work  ;  he  had  ^'own  up  in  tlie  wild  independence  of  his 
nature. 

If,  in  polished  countries,  the  lowest  of  the  people  are 
rude  and  uncivil,  it  is  not  merely  because  they  are  poor 
and  i(^norant,  but  that,  being  so,  they  are  in  daily  contact 
with  rich  and  enlifjlitencd  men.  The  sijiht  of  their  own 
liard  lot  and  their  weakness,  which  is  daily  contrasted  witli 
the  happiness  and  power  of  some  of  their  fellow-creatures, 
excites  in  their  hearts  at  the  same  time  the  sentiments  of 
anger  and  of  fear:  the  consciousness  of  their  inferiority  and 
their  dependence  irritates  while  it  humiliates  them.  This 
state  of  mind  displays  itself  in  their  manners  and  language  •, 

*  See  Aijpeudix  C. 


V 


EXTKiMoi:  rui!M  or  N(»i;in  ammimca. 


27 


tliov  nro  nt  onco  insolent  and  scrxilc  'I'lic  truth  of  fliis  is 
ciisilv  proved  1)V  oltscrvatioii :  tlie  people  are  more  v\u\v  in 
aristocratic  countries  than  els(>where ;  in  opulent  cities  than 
in  rural  districts.  In  those  places  where  tl>e  rich  and 
])0\vei't'nl  are  assenihled  to^'ether,  the  weak  and  thi'  in<H- 
•Xcnt  feci  themselves  oppressed  hy  thi'ir  infei'ior  condition. 
IJnahU'  to  perceive  a  single  chance  of  retrain itiij;  their  ecpial- 
ity,  thev  <xive  np  to  despair,  and  allow  themselves  to  fall 
below  tile  dignity  of  human  nature. 

This  nnforttniate  etl'ect  of  the  disparity  of  conditions  is 
not  ol)serval)le  in  savage  life:  the  Indians,  altliough  they 
are  ignorant  and  poor,  arc  ecpial  and  free. 

When  Europeans  first  came  among  them,  the  natives  of 
North  America  were  ignorant  of  the  value  of  riches,  and 
indifferent  to  the  enjoyments  which  civilized  man  procures 
to  himself  by  their  means.  Nevertheless  there  was  nothing 
coarse  in  their  demeanor ;  they  practised  an  habitual  re- 
serve, and  a  kind  <    aristocratic  politene^ss. 

Mild  and  hospitable  when  at  peace,  though  merciless  in 
war  beyond  any  known  degree  of  human  ferocity,  the 
Indian  wonld  expose  himself  to  die  of  hunger  in  order  to 
succor  the  stranger  who  asked  admittance  by  night  at  tlie 
door  of  his  hut ;  yet  he  could  tear  in  pieces  with  his  hands 
the  still  quivering  limbs  of  his  prisoner.  The  famous  re- 
publics of  anti([uity  never  gave  examples  of  more  unslMken 
courage,  more  haughty  spirit,  or  more  intractable  love  of 
independence,  than  were  hidden  in  former  times  among 
the.  wild  forests  of  the  New  World.*     The  Europeans  pro- 

*  We  learn  from  President  Jefferson's  "Notes  u])on  Vir;;inia,"  (p.  148,) 
that  ainon<j  the  Iroquois,  when  attacked  by  a  superior  tone,  a<red  men  re- 
fused to  fly,  or  to  survive  tlie  destruction  of  their  country  ;  and  they  i)raved 
death  lilce  tlic  ancient  Romans  when  tlieir  capital  was  sacked  hy  the  Gauls. 
Further  on,  (p.  150,)  lie  tells  us  that  there  is  no  example  of  an  Indian,  who, 
liaving  fallen  into  the  hands  of  liis  enemies,  hcfrfred  for  liis  life;  on  the 
contrary,  the  captive  sought  to  ohtain  deatii  at  the  liands  of  his  conquerors 
by  the  use  of  insult  and  provocation. 


I  m  juiBijinnmLwynf* 


28 


DEMOCRACY   IN   AJIERICA. 


if   ' 


duoed  no  (iroixt  impression  when  tliey  landed  upon  the 
shares  of  North  America ;  their  presence  engendered  nei- 
ther envy  nor  fear.  What  influence  could  they  possess 
over  such  men  as  we  have  described  ?  The  Indian  could 
live  without  wants,  suffer  without  complaint,  and  pour  out 
his  death-sono;  at  the  stake.*  Like  all  the  other  members 
of  the  great  human  family,  these  savages  believed  in  the 
existence  of  a  better  world,  and  adored,  under  different 
names,  God,  the  Creator  of  the  universe.  Their  notions 
on  the  great  intellectual  truths  were  in  general  simple  and 
philosophical,  f 

Although  we  have  here  traced  the  character  of  a  prim- 
itive })e(jj)le,  yet  it  cannot  be  doubted  that  another  people, 
more  civilized  and  more  advanced  in  all  respects,  had  pre- 
ceded it  in  the  same  rejj-ions. 

An  obscure  tradition  which  prevailed  among  the  Indians 
on  the  borders  of  the  Atlantic,  informs  us  that  these  very 
tribes  formerly  dwelt  on  the  west  side  of  the  jMississippi. 
Alonn;  the  banks  of  the  Ohio,  and  throun;liout  the  central 
valley,  there  are  frequently  found,  at  this  day,  tiiinuU  raised 
by  the  hands  of  men.  On  exploring  these  heaps  of  earth 
to  their  centre,  it  is  usual  to  meet  with  human  bones, 
strange  instruments,  arms  and  utensils  of  all  kinds,  made 
of  metal,  and  destined  for  purposes  unknown  to  the  pres- 
ent race. 

The  Indians  of  our  time  are  unable  to  give  any  infor- 
mation relative  to  the  history  of  this  unknown  people. 
Neither  did  those  who  lived  three  hundred  years  ago,  when 
America  was    first   discovered,  leave   any  accounts   from 

*  Sec  "  Histoire  dc  la  Lonisiane,"  by  Lepage  Dujiratz ;  Charlevoix, 
"  Histoire  de  la  Nouvclle  Franec  "  ;  "  Lettrcs  dii  Rev.  G.  Heckeweldcr  "  ; 
"  Transactions  ol'  the  American  Philosophical  Society,"  Vol.  I. ;  Jeflei-son's 
"Notes  on  Virj^inia,"  pp.  135-190.  What  is  said  by  Jefferson  is  of  es- 
pecial weiji'ht,  on  account  of  the  personal  merit  of  the  writer,  of  his  peculiar 
position,  and  of  the  matter-of-fact  age  in  which  he  lived. 

t  Sec  Appendix  D. 


EXTERIOR   FORM   OF   NORTH   AMERICA. 


29 


wliich  even  an  liypothesis  could  be  formed.  Tradition  — 
that  ])erislial>le  yet  ever  renewed  monument  of  the  pristine 
■^vorld  —  throws  no  light  upon  the  subject.  It  is  an  un- 
doubted fact,  however,  that  in  this  part  of  the  globe  thou- 
sands of  our  f«.llow-beings  once  lived.  When  they  came 
hither,  what  was  their  origin,  their  destiny,  their  history, 
when  and  how  they  perished,  no  one  can  tell. 

How  strange  does  it  appear  that  nations  have  existed, 
and  afterwards  so  completely  disappeared  from  the  earth 
that  the  memory  cAen  of  their  names  is  effaced !  their  lan- 
n;uaa'es  are  lost ;  their  olory  is  vanished  like  a  sound  with- 
out  an  echo ;  though  })erhaps  there  is  not  one  which  has 
not  left  behind  it  some  tomb  in  memory  of  its  passage. 
Thus  the  most  durable  monument  of  human  labor  is  that 
which  recalls  the  wretchedness  and  nothinones's  of  man. 

Although  the  vast  country  which  we  have  been  de- 
scribing was  inhabited  by  many  indigenous  tribes,  it  may 
justly  be  said,  at  the  time  of  its  discovery  by  Europeans, 
to  have  formed  one  great  desert.  The  Indians  occupied, 
without  possessing  it.  It  is  by  agricultural  labor  that  man 
appropriates  the  soil,  and  the  early  inhabitants  of  North 
America  li\ed  by  the  produce  of  the  chase.  Their  impla- 
cable prejudices,  their  uncontrolled  passions,  their  vices, 
and  still  more,  perhaps,  their  savage  virtues,  consigned 
them  to  inevitable  destruction.  The  ruin  of  these  tribes 
began  from  the  day  when  Europeans  landed  on  their 
shores :  it  has  proceeded  ever  since,  and  we  are  now  wit- 
nessing the  completion  of  it.  They  seem  to  have  been 
placed  by  Providence  amidst  the  riches  of  the  New  World 
only  to  enjoy  them  for  a  season  ;  they  were  there  merely 
to  wait  till  others  came.  Those  coasts,  so  admirably 
adapted  for  commerce  and  industry ;  those  wide  and  deep 
rivers ;  that  inexhaustible  valley  of  the  Mississip])i ;  the 
whole  continent,  in  short,  seemed  prepared  to  be  the  abode 
of  a  great  nation  yet  unborn. 


,  ■.iiiin.ii|Bi.)imniiMj.iiji 


30 


DEMOCRACY   IN  AMERICA. 


In  that  land  the  great  experiment  was  to  be  made,  by 
civihzed  man,  of  the  attempt  to  construct  society  upon  a 
new  basis ;  and  it  was  there,  for  the  first  time,  that  theo- 
ries hitherto  unknown,  or  deemed  impracticable,  were  to 
exliibit  a  spectacle  for  which  the  world  had  not  been  pre- 
pared by  the  history  of  the  past. 


h      lil 


ORIGIN   OF   THE   ANGLO-AMEKICANS. 


31 


CHAPTER    II. 

ORIGIN  OF  THE  ANGLO-AMERICANS,  AND  IMPORTANCE  OF  THIS 
ORIGIN  IN  RELATION  TO  THEIR  FUTURE  CONDITION. 


Utility  of  knowing  the  Origin  of  Nations,  in  order  to  understand  their  So- 
cial Condition  and  their  Laws.  —  America  the  only  Country  in  which 
the  Scarting-Point  of  a  great  People  has  been  clearly  observable.  —  In 
what  Respects  all  who  emigrated  to  British  America  were  similar.  —  In 
what  they  diifercd.  —  Remark  applicable  to  all  the  Europeans  who  estab- 
lished themselves  on  the  Shores  of  the  New  World.  — -Colonization  of 
Virginia.  —  Colonization  of  New  England.  —  Original  Character  of  the 
first  Inhabitants  of  New  England.  —  Their  Anlval. — Their  first  Laws. 
—  Their  Social  Contract.  —  Penal  Code  borrowed  from  the  Hebrew 
Legislation.  —  Religious  Fervor.  —  Republican  Spirit.  —  Intimate  Union 
of  the  Spirit  of  Religion  with  the  Spirit  of  Liberty. 

AFTER  the  birth  of  a  human  being,  his  early  years 
are  obscurely  spent  in  the  toils  or  pleasures  of  child- 
hood. As  he  grows  up,  the  world  receives  him,  when  his 
manhood  begins,  and  he  enters  into  contact  with  his  fel- 
lows. He  is  then  studied  for  the  first  time,  and  it  is 
imagined  that  the  germ  of  the  vices  and  the  virtues  of  his 
maturer  years  is  then  formed. 

This,  if  I  am  not  mistaken,  is  a  great  error.  "We  must 
begin  higher  up ;  we  must  watch  the  infant  in  his  mother's 
arms;  we  must  see  the  first  images  which  the  external 
world  casts  upon  the  dark  mirror  of  his  mind,  the  first  oc- 
currences which  he  witnesses ;  we  must  hear  the  first 
words  which  awaken  the  sleeping  powers  of  thought,  and 
stand  by  his  earliest  efforts,  —  if  we  would  understand  the 
prejudices,  the  habits,  and  the  passions  which  will  rule  his 


mi 


m 


1 1 


iJlli  Hi 


'11 


•I  ' 
I 


lit!  ! 


m 

il  i 


!    !|! 


m 
111 


32 


DEMOCRACY  IN  AMERICA. 


life.  The  entire  man  is,  so  to  speak,  to  be  seen  in  the  cra- 
dle of  the  cliild. 

The  growth  of  nations  presents  something  analogous  to 
this :  they  all  bear  some  marks  of  their  origin.  The  cir- 
cmnstances  which  accompanied  their  birth  and  contributed 
to  their  development  affect  the  whole  tenn  of  their  being. 

If  we  were  able  to  go  back  to  the  elements  of  states,  and 
to  examine  the  oldest  inomunents  of  their  history,  I  doubt 
not  that  we  should  discover  in  them  the  primal  cause  of 
the  prejudices,  the  habits,  the  niling  passions,  and,  in  short, 
of  all  that  constitutes  what  is  called  the  national  character. 
We  should  there  find  the  explanation  of  certain  customs 
which  now  seem  at  variance  with  the  prevailing  manners  ; 
of  such  law^s  as  conflict  with  established  principles ;  and  of 
such  incoherent  opinions  as  are  here  and  there  to  be  met 
with  in  society,  like  those  fragments  of  broken  chains 
which  we  sometimes  see  hano-ino-  from  the  vaults  of  an  old 
edifice,  and  supporting  nothing.  This  might  explain  the 
destinies  of  certain  nations  which  seem  borne  on  by  an  un- 
known force  to  ends  of  which  they  themselves  are  igno- 
rant. But  hitherto  facts  have  been  wanting  to  researches 
of  this  kind:  the  spirit  of  inquiry  has  only  come  upon 
communities  in  their  latter  days ;  and  when  they  at  length 
contemplated  their  origin,  time  had  already  obscured  it, 
or  ignorance  and  pride  adorned  it  with  truth-concealing 
fables. 

America  is  the  only  country  in  which  it  has  been  possi- 
ble to  witness  the  natural  and  tranquil  growth  of  society, 
and  where  the  influence  exercised  on  the  future  condition 
of  states  by  their  origin  is  clearly  distinguishable. 

At  the  period  wdien  the  peoples  of  Europe  landed  in  the 
New  World,  their  national  characteristics  were  already 
completely  .formed ;  each  of  them  had  a  physiognomy  of 
its  own ;  and  as  they  had  already  attained  that  stage  of 
civilization  at  which  men  are  led  to  study  themselves,  they 


ORIGIN   OF   THE   ANGLO-AMERICANS. 


33 


cra- 

is  to 

i  cir- 

luted 

ng. 

,  and 

loubt 

so  of 

diort, 

aoter. 

stoms 

mcrs ; 

,ik1  of 

)e  met 

chains 

an  old 

in  the 

an  un- 

;  iorno- 
arches 
upon 
length 
ed  it, 
teahng 

possi- 
lociety, 
iidition 

in  the 
[il  ready 
)my  of 
la<Te  of 
Is,  they 


I 


liave  transmitted  to  us  a  faithful  picture  of  their  opniions, 
tlieir  manners,  and  their  laws.  The  men  of  the  sixteentli 
century  are  almost  as  well  known  to  us  as  our  contcm})ora- 
ries.  America,  consequently,  exhibits  in  the  broad  light 
of  day  the  phenomena  which  the  ignorance  or  rudeness  of 
ciu'lier  jiijes  conceals  from  our  researches.  Near  enouoh  to 
tlie  time  when  the  states  of  America  were  founded,  to  be 
accurately  acquainted  with  their  elements,  and  sufficiently 
removed  from  that  period  to  judge  of  some  of  their  results, 
the  men  of  our  own  day  seem  destined  to  see  further  than 
their  predecessors  into  the  series  of  human  events.  Provi- 
dence has  given  us  a  torch  which  our  forefathers  did  not 
possess,  and  has  allowed  us  to  discern  fundamental  causes 
in  the  history  of  the  world  which  the  obscurity  of  the  past 
( oncealed  from  them. 

If  we  carefully  examine  the  social  and  political  state  of 
America,  after  having  studied  its  history,  we  shall  remain 
perfectly  convinced  that  not  an  opinion,  not  a  custom,  not 
a  law,  I  may  even  say  not  an  event,  is  upon  record  which 
the  origin  of  that  people  will  not  explain.  The  readers  of 
this  book  will  find  in  the  present  chapter  the  germ  of  all 
that  is  to  follow,  and  the  key  to  almost  the  whole  work. 

The  emigrants  who  came  at  different  periods  to  occupy 
the  territory  now  covered  by  the  American  Union  differed 
from  each  other  in  many  respects ;  their  aim  was  not  the 
same,  and  they  governed  themselves  on  different  principles. 

These  men  had,  however,  certain  features  in  common, 
and  they  were  all  placed  in  an  analogous  situation.  The 
tie  of  language  is,  perhaps,  the  strongest  and  the  most  du- 
rable that  can  unite  mankind.  All  the  emigrants  spoke 
the  same  tongue ;  they  were  all  offsets  from  the  same  peo- 
ple. Ijorn  in  a  country  which  had  been  agitated  for  cen- 
turies by  the  struggles  of  faction,  and  in  which  all  parties 
had  been  obliged  in  their  turn  to  place  themselves  under 
the  protection  of  the  laws,  their  political  education  had 
2*  c 


f  irariMHy* ;  't>-^''».->M-->-  •■y^^r,-^' 


34 


DEMOCRACY   IN   AMERICA. 


i?' 


^M 


nil 


vi,    'y\Vv'\ 


\  I  ]      \'%\\\n 


been  i)erfecte(l  in  tliis  rude  school ;  and  they  -svcro  more 
conversant  Avitli  the  notions  of  right,  and  the  principles  of 
true  freedom,  than  the  greater  part  of  their  Euro})ean  con- 
temporaries. At  the  period  of  the  first  emigrations,  the 
township  system,  that  fraitful  germ  of  free  institutions,  was 
deeply  rooted  in  the  habits  of  the  English ;  and  with  it 
the  doctrine  of  the  sovereignty  of  the  people  had  been  in- 
troduced into  the  bosom  of  the  monarchy  of  the  house 
of  Tudor. 

The  religious  quarrels  which  ha\  e  agitated  the  Christian 
world  were  then  rife.  England  had  plunged  into  the  ncAV 
order  of  thino;s  with  headlong  vehemence.  The  character 
of  its  inhabitants,  which  had  always  been  sedate  and  reflec- 
tive, became  arijumentative  and  austere.  General  informa- 
tion  had  been  increased  by  intellectual  contests,  and  the 
mind  had  received  in  tliem  a  deeper  cultivation.  Whilst 
religion  was  the  topic  of  discussion,  the  morals  of  the  people 
became  more  pure.  All  these  national  features  are  more 
or  less  discoverable  in  the  physiognomy  of  those  English- 
men who  came  to  seek  a  new  home  on  the  opposite  shores 
of  the  Atlantic. 

Another  remark,  to  which  we  shall  hereafter  have  occa- 
sion to  recur,  is  applicable  not  only  to  the  English,  but  to 
the  French,  the  Spaniards,  and  all  the  Europeans  who 
successively  established  themselves  in  the  New  World.  All 
these  European  colonies  contained  the  elements,  if  not  the 
development,  of  a  complete  democracy.  Two  causes  led  to 
this  result.  It  may  be  said  generally,  that  on  leaving  the 
mother  country  the  emigrants  had,  in  general,  no  notion  of 
superiority  one  over  another.  The  happy  and  the  powerful 
do  not  fjo  into  exile,  and  there  are  no  surer  guaranties  of 
equality  among  men  than  poverty  and  misfortune.  It  hap- 
pened, howev  •  on  several  occasions,  tijat  persons  of  rank 
were  driven  to  nerica  by  political  and  religious  quarrels. 
Laws  \vere  m'  le  *^o  establish  a  gradation  of  ranks  :  but  it 


ORIGIN   OF   THE   ANGLO-AMERICANS. 


35 


more 
los  of 
11  con- 
is,  the 
IS,  was 
vith  it 
icn  in- 
house 

hristian 
he  new 
laractcr 
:l  reflcc- 
intonna- 
aiul  the 
Whilst 
ic  people 
fire  move 
English- 
te  shores 


was  soon  found  that  the  soil  of  America  was  opposed  to  a 
territorial  aristocracy.  To  bring  that  refractory  land  into 
cultivation,  the  constant  and  interested  exertions  of  the 
owner  himself  were  necessary ;  and  when  the  ground  wiis 
prepared,  its  produce  was  found  to  be  insufficient  to  enrich 
a  proprietor  and  a  former  at  the  same  time.  The  land  was 
then  naturally  broken  up  into  small  portions,  which  the 
proprietor  .,,  ted  for  himself.  Land  is  the  basis  of  an 
aristocracy,  wlu.  .  clings  to  tl -^  "^il  that  su})ports  it;  for 
it  is  not  by  privileges  alone,  Uui  by  birth,  but  by  landed 
property  handed  down  from  generation  to  generation,  that 
an  aristocracy  is  constituted.  A  nation  may  present  im- 
mense fortunes  and  extreme  wretchedness  ;  but  unless  those 
fortunes  are  territorial,  there  is  no  true  aristocracy,  but 
simply  the  class  of  the  rich  and  that  of  the  poor. 

All  the  British  colonies  had  then  a  c;reat  decree  of  family 
likeness  at  the  epoch  of  their  settlement.  All  of  them,  from 
their  beginning,  seemed  destined  to  witness  the  growth,  not 
of  the  aristocratic  liberty  of  their  mother  country,  but  of 
that  freedom  of  the  middle  and  lower  orders  of  which  the 
histor}  of  the  world  had  as  yet  furnished  no  complete 
example. 

In  this  general  uniformity,  however,  several  sti"iking 
differences  were  discernible,  which  it  is  necessary  to  point 
out.  Two  branches  may  be  distinguished  in  the  great 
Anglo-American  family,  which  have  hitherto  grown  uj) 
without  entirely  commingling ;  the  one  in  the  South,  the 
other  in  the  North. 

Virginia  received  the  first  English  colony ;  the  emigrants 
took  possession  of  it  in  1007.  The  idea  that  mines  of  gold 
and  silver  are  the  sources  of  national  wealth  was  at  that 
time  singularly  prevalent  in  Europe  ;  a  fatal  delusion,  which 
has  done  more  to  impoverish  the  European  nations  who 
adopted  it,  and  has  cost  more  lives  in  America,  than  the 
united  influence  of  war  and  bad  laws.     The  men  sent  to 


11 


■k  :.i:;m  ij 


I  111 


I 


I'll 


^11 


30 


DEMOCRACY   IN   A.MKUICA. 


Virginia*  were  seekers  of  gold,  adventurers  witliout  re- 
sources and  witliout  character,  whose  turbulent  and  rest- 
less spirit  endangered  th"  infant  colony,f  and  rendered  its 
progress  uncertain.  Artisans  and  agriculturists  arrived 
afterwards ;  and,  although  they  were  a  more  moral  and 
orderly  race  of  men,  they  were  liardly  in  any  respect 
above  the  level  of  the  ipferi^r  classes  in  England.  J  No 
lofty  views,  no  spiritual  conception,  presided  over  the 
foundation  of  these  new  settlements.  The  colony  was 
scarcely  established  when  slavery  was  introduced ;  §  this 
was  the  capital  fact  which  was  to  exercise  an  immense  in- 
fluence on  the  character,  the  laws,  and  the  whole  future 
of  the  South.  Slavery,  as  we  shall  afterwards  show,  dis- 
honors labor ;  it  introduces  idleness  into  society,  and  with 
idleness,  ignorance  and  pride,  luxury  and  distress.  It  ener- 
vates the  powers  of  the  mind,  and  benum^  he  activity 
of  man.     The  influence  of  slavery,  united  to  the  English 

*  The  diarter  granted  by  tlie  crown  of  England  in  1609  stipulated, 
amongst  other  conditions,  that  the  adventurers  should  pay  to  the  crown  a 
fifth  of  the  produce  of  all  gold  and  silver  mines.  See  Marshall's  Life  of 
Washington,  Vol.  I.  pp.  18-66. 

t  A  large  portion  of  the  adventurers,  says  Stith  (History  of  Virginia), 
were  unprincipled  young  men  of  family,  whom  their  i)arents  were  glad  to 
ship  ort'  in  order  to  save  them  from  an  ignominious  fate,  discharged  ser- 
vants, fraudulent  bankrupts,  debauchees,  and  others  of  the  same  class,  peo- 
ple more  apt  to  pillage  and  destroy  than  to  promote  the  welfare  of  the 
settlement.  Seditious  leaders  easily  enticed  this  band  into  every  kind  of 
extravagance  and  excess.  See  for  the  history  of  Virginia  the  following 
works :  — 

"History  of  Virginia,  from  the  First  Settlements  in  the  Year  1624,"  by 
Smith. 

"  History  of  Virginia,"  by  William  Stith. 

"  History  of  Virginia,  from  the  Earliest  Period,"  by  Beverley. 

J  It  was  not  till  some  time  later  that  a  certain  number  of  rich  English 
capitalists  came  to  establish  themselves  in  the  colony. 

§  Slavery  was  introduced  about  the  year  1620,  by  a  Dutch  vessel, 
which  landed  twenty  negroes  on  the  banks  of  the  James  River.  See 
Ciialmers. 


"•■  !■:;' 


ORIGIN   OF  TIIK   ANGLO- AMKRICANS. 


87 


character,  explains  the  manners  and  the  social  condition  of 
the  Southern  States. 

In  the  North,  the  same  English  character  as  the  ground 
received  totally  different  colors.  Here  I  may  be  allowed 
to  enter  into  some  details. 

In  the  English  colonies  of  the  North,  more  generally 
known  as  the  States  of  New  England,*  the  two  or  three 
main  ideas  which  now  constitute  the  basis  of  the  social 
theory  of  the  United  States  were  first  combined.  Tlie 
principles  of  New  England  sjtread  at  first  to  the  neigh- 
boring States ;  they  then  passed  successively  to  the  more 
distant  ones  ;  and  at  last,  if  I  may  so  speak,  they  inter- 
penetrated the  whole  confederation.  They  now  extend 
their  influence  beyond  its  limits,  over  the  whole  American 
world.  The  civilization  of  New  England  has  been  like  a 
beacon  lit  upon  a  hill,  which,  after  it  has  diffused  its 
warmth  immediately  around  it,  also  tinges  the  distant 
horizon   with  its  glow. 

The  foundation  of  New  England  w^as  a  novel  spectacle, 
and  all  the  circumstances  attending  it  were  singular  and 
original.  Nearly  all  colonies  have  been  first  inhabited, 
either  by  men  without  education  and  without  resources, 
driven  by  their  poverty  and  their  misconduct  from  tlie 
land  which  gave  them  birth,  or  by  speculators  and  adven- 
turers greedy  of  gain.  Some  settlements  cannot  even 
boast  so  honorable  an  orimn ;  St.  Domingo  was  founded 
by  buccaneers ;  and,  at  the  present  day,  the  criminal 
courts   of  England  supply  the  population  of  Australia. 

The  settlers  who  established  themselves  on  the  shores  of 
New  England  all  belonged  to  the  more  independent  classes 
of  their  native  country.     Their  union  on  the  soil  of  Amer- 

*  Tlic  States  of  New  England  are  those  situated  to  the  cast  of  the  Hud- 
son. They  are  now  six  in  number:  —  1.  Counectieut ;  2.  Rhode  Island  ; 
3.  Massachusetts  ;  4.  New  Hampshire  ;  5.  Vermont ;  6.  Maine.  [The  last 
two,  as  distinct  States,  are  of  comparatively  recent  origin.] 


I 


m 


i   1 


I'll 
'I 


iili.i:'!^.,t 


88 


DKMOCRACY   IN   AMERICA. 


ica  at  once  presented  tlie  .siii<^ular  plienomenon  of  a  society 
containinj^  neither  lords  nor  conunon  people,  and  we  nuiy 
almost  .say,  neither  rich  nor  poor.  These  men  possessed, 
in  pr<)i)ortion  to  their  number,  a  greater  mass  of  intelli- 
geiK'o  than  is  to  ]je  found  in  any  European  nation  of  our 
own  time.  All,  ))erhaps  without  a  single  exception,  had 
received  a  good  education,  and  many  of  them  were  known 
in  Europe  for  their  talents  and  their  accpiirements.  The 
other  colonies  had  been  founded  by  adventurers  without 
families;  tiic^  emigrants  of  New  England  broui-lit  with 
them  the  best  elements  of  order  and  morality ;  they  landed 
on  the  desert  coast  acconi})aiiied  by  their  wives  and  chil- 
dren. But  what  especially  distinguished  them  from  all 
others  was  the  aim  of  their  imdertaking.  They  had  not 
been  obliged  by  necessity  to  leave  their  country ;  the  social 
position  they  abandoned  was  one  to  be  regretted,  and  their 
means  of  subsistence  were  certain.  Nor  did  they  cross  the 
Atlantic  to  improve  their  situation  or  to  increase  their 
wealth ;  it  was  a  purely  intellectual  craving,  which  called 
them  from  the  comforts  of  their  former  homes ;  and  in 
facing  the  inevitable  suiferings  of  exile,  their  object  was 
the  triumph  of  an  idea. 

The  emigrants,  or,  as  they  deservedly  styled  themselves, 
the  Pilgrims,  belonged  to  that  English  sect  the  austerity 
of  whose  principles  had  acquired  for  them  the  name  of 
Puritans.  Puritanism  was  not  merely  a  religious  doctrine, 
but  it  corresponded  in  many  points  with  the  most  absolute 
democratic  and  republican  theories.  It  was  this  tendency 
wdiich  had  aroused  its  most  dangerous  adversaries.  Perse- 
cuted  by  the  government  of  the  mother  country,  and  dis- 
gusted by  the  habits  of  a  society  which  the  rigor  of  their 
ow^n  principles  condemned,  the  Puritans  went  forth  to  seek 
some  rude  and  unfrequented  part  of  the  world,  where  they 
could  live  according  to  their  own  opinions,  and  worship 
God  in  freedom. 


ORIGIN    OK    TIIF.    AN(iLO-AMI.I!ICAXS. 


39 


A  f'ow  quotations  will  throw  nioiv  lii;ht  upon  the  spirit 
of  thcsi'  ])ious  advcnturors  than  all  that  we  can  say  of 
theni.  Nathanii'l  Morton,*  the  historian  of  the  first  years 
of  the  scttU'nu'nt,  thus  o[)t'ns  Km  suhji'ct :  — 

"(n'litle  Reader,  —  1  have  for  some  it'uotli  of  time 
looki'd  upon  it  as  a  duty  hicund)ent  especially  on  tlio  im- 
mediate successors  of  those  that  have  had  so  lar^e  cx})e- 
rience  of  those  many  memorable  and  signal  demonstrations 
of  God's  goodness,  viz.  the  first  beginners  of  this  Planta- 
tion in  New  Enii'land,  to  commit  to  writing  liis  <>raeious 
dispensations  on  that  bi'luilf ;  having  so  many  in(hicenients 
tliereuuto,  not  only  otherw^ise,  but  so  plentifully  in  the 
Sacred  Scriptures  :  that  so,  what  we  liave  seen,  and  what 
our  fathers  have  told  us  (^Psalm  Ixxviii.  :>,  4),  we  may  not 
liide  from  our  children,  showing  to  the  generations  to  come 
the  pi'aises  of  the  Lord ;  that  especially  the  seed  of  Abra- 
ham his  servant,  and  the  children  of  Jacob  his  chosen 
(Psalm  cv.  5,  0),  may  remember  his  marvellous  works  in 
the  beginning  and  progress  of  the  planting  of  New  Eng- 
land, his  wonders  and  the  judgments  of  his  mouth ;  how 
that  God  brought  a  vine  into  this  wilderness ;  that  he  cast 
out  the  heathen,  and  planted  it ;  that  ho  made  room  for  it 
and  caused  it  to  take  deep  root ;  and  it  filled  the  land 
(Psalm  Ixxx.  8,  9).  And  not  only  so,  but  also  that  he 
hath  guided  his  people  by  his  strength  to  his  holy  habita- 
tion, and  planted  them  in  the  mountain  of  his  inheritance 
in  respect  of  precious  Gospel  enjoyments :  and  that  as 
especially  God  may  have  the  glory  of  all  unto  whom  ii  is 
most  due ;  so  also  some  rays  of  glory  may  reach  the  names 
of  those  blessed  Saints,  that  were  the  main  instruments 
and  the  beginning  of  this  happy  enterprise." 

It  is  impossible  to  read  this  opening  paragraph  without 
an  involuntary  feeling  of  religious  awe ;    it   breathes  the 

*  "  New  England's  Memorial,"  p.  13  (Boston,  1826).     See  also  Hutch- 
iiisou's  History,  Vol.  II.  p.  440. 


r   . 
,  i 


il 

h 


40 


DKMOCrtACY    IN    AMI'.FJrCA. 


very  snvor  of  Gospel  !mti(niity.  The  sinrcrity  of  tlu? 
juitlior  licin;litons  liis  j)o\vc'r  (»f  Iiini!;u;i;i;(\  In  our  cyt-s,  us 
well  as  ill  his  own,  it  was  not  a  mere  party  of  advi'iiturcrs 
^oiK'  forth  to  seek  their  fbrtune  beyond  seas,  but  tin;  <;erm 
of  a  orejit  nation  wafted  by  Providenoo  to  a  predestined 
shore. 

T\ni  author  continuos,  and  thus  describes  the  departure 
of  the  first  pilfiirims  :  — 

"  So  they  left  that  pjoodly  and  j)leasant  city  of  Leyden,* 
which  had  been  their  restin<^-place  for  above  eleven  years  ; 
but  they  kni'w  that  they  were  pilgrims  and  strangers  hero 
below,  and  looked  not  much  on  these  things,  but  lifted  \\\) 
their  eyes  to  heaven,  their  dearest  country,  where  God 
hath  prepared  for  them  a  city  (Ileb.  xi.  10),  and  therein 
quieted  their  spirits.  When  they  came  to  Delts-IIaven 
they  found  the  ship  and  all  things  ready  ;  and  such  of  their 
friends  as  could  not  come  with  them  followed  after  them, 
and  sundry  came  from  Amsterdam  to  see  them  shi])t,  and 
to  take  their  leaves  of  them.  One  night  was  spent  with 
little  sleep  with  the  most,  but  with  friendly  entei-tainment 
and  Christian  discourse,  and  other  real  expressions  of  true 
Christian  love.  The  next  day  they  went  on  board,  and 
their  friends  with  them,  where  trnly  doleful  was  the  sight 
of  that  sad  and  mournful  parting,  to  hear  what  sighs  and 
sobs  and  prayers  did  sound  amongst  them ;  what  tears  did 
gush   from    every  eye,  and   pithy  speeches   pierced  each 

*  The  cmif^mnts  were,  for  the  most  part,  godly  Cliristians  from  tlio 
northern  [central]  part  of  England,  who  had  quitted  their  native  country  he- 
cause  they  were  "  studious  of  reformation,  and  entered  into  covenant  to  walk 
•with  one  another  according  to  the  primitive  pattern  of  the  Word  of  God." 
They  emigrated  to  Holland,  and  settled  in  the  city  of  Leydeu  in  1610, 
where  they  abode,  being  lovingly  respected  by  the  Dutch,  for  many  years  : 
they  left  it  in  1G20  for  several  reasons,  the  last  of  which  was,  that  their  pos- 
terity would  in  a  few  generations  become  Dutch,  and  so  lose  their  interest  in 
the  English  nation ;  they  being  desirous  rather  to  enlarge  his  Majesty's  do- 
minions, and  to  live  under  their  natural  prince.  —  Translator's  Note. 


:i:l 


OniGIN   OF   Tlir    AXr.LO-AMKniCAN'S. 


41 


(•tiler's  lu'iirt,  tliiit  Kuiidrv  of  tlic  Diitcli  stniiiLicrs  that 
stood  oM  till'  Ki'y  as  spoctators  could  not  refrain  rr(»iii  ti'ars. 
IJiit  the  tide  (which  stays  tor  no  man)  calling;  them  away, 
that  were  thus  loth  to  depart,  their  Reverend  I*a«<tor,  tiilliiiii; 
down  on  his  knees,  and  they  all  with  him,  with  wati'iy 
cheeks  commended  them  with  most  fervent  ])i'ayers  unto 
the  Lord  and  his  hlessino; ;  and  then  with  mutual  emhraces 
and  many  tears  they  took  their  leaves  one  of  another, 
which  proved  to  be  the  last  leave  to  many  of  them." 

The  eiuiiirants  were  about  150  in  number,  includin<i;  the 
women  and  the  children.  Their  object  was  to  plant  a  col- 
ony on  the  shores  of  the  Hud:  m  ;  but  after  iiavin<f  been 
driven  about  for  some  time  in  the  Atlan/ie  Ocean,  they 
were  forced  to  land  on  the  arid  coast  of  I' ew  Eiiuland,  at 
the  spot  which  is  now  the  town  of  riyni'^uth.  .he  rock 
is  still  shown  on  which  the  pilgrims  disembarked.' 

"  But  before  we  pass  on,"  continues  our  historian,  '  Vt 
the  reader  with  me  make  a  pause,  and  se  loiisly  consider  niis 
poor  peo})le's  present  condition,  the  more  to  be  raised  np  to 
admiration  of  God's  goodness  towards  them  in  their  pres- 
ervation :  for  being  now  passed  the  vast  ocean,  and  a  sea 
of  troubles  before  them  in  expectation,  they  had  now  no 
friends  to  welcome  them,  no  inns  to  entertain  or  refresh 
them,  no  houses,  or  much  less  towns,  to  repair  imto  to  seek 
for  succour :  and  for  the  season  it  was  winter,  and  they  that 
know  the  winters  of  the  country  know  them  to  be  sharp 
and  violent,  subject  to  cruel  nd  fierce  storms,  dangerous 
to  travel  to  known  places,  muul;  more  to  search  unknown 
coasts.     Besides,  what  could  they  see  but  a  hideous  and 

*  This  rock  has  become  an  ol^joct  of  veneration  in  the  United  States.  I 
have  seen  hits  of  it  carefully  preserved  in  several  towns  of  the  Union.  Docs 
not  this  sufficiently  show  how  all  human  power  and  yrearness  are  entirely  in 
the  soul  ?  Here  i^-  a  stone  which  the  feet  of  a  few  poor  fuyilives  pressed  for 
an  instant,  and  this  stone  becomes  famous  ;  it  is  treasured  l)y  a  ereat  nation, 
a  fragment  is  prized  as  a  relic.  But  wli.at  is  become  of  the  dooi'steps  of  a 
thousand  palaces  ?     Who  troubles  himself  about  them  ? 


42 


DEMOCRACY  IN   AMERICA. 


■:'A 


e«i 


I'll 


nil:!: 


m 


■   -i 


t-l. 


desolate  Avildorncss,  full  of  wildo  beasts,  and  wilde  men  ? 
and  what  multitudes  of  them  there  were,  they  then  knew 
not :  for  Avhich  way  soever  they  turned  their  eyes  (save 
upward  to  Heaven)  they  could  have  but  little  solace  or 
content  in  res])ect  of  any  outward  object ;  for  summer 
being  ended,  a^'  things  stand  in  appearance  with  a  weather- 
beaten  face,  and  the  whole  country,  full  of  woods  and 
thickets,  represented  a  wild  and  savage  hew ;  if  they 
looked  behind  them,  there  was  the  mighty  ocean  which 
they  had  passed,  and  was  now  as  a  main  bar  or  gulpli  to 
separate  them  from  all  the  civil  parts  of  the  world."  * 

It  must  not  be  imagined  that  the  piety  of  the  Puritans 
was  merely  speculative,  or  that  it  took  no  cognizance  of 
the  course  of  worldly  affairs.  Puritanism,  as  I  have  al- 
ready remarked,  was  scarcely  less  a  political  than  a  relig- 
ious doctrine.  No  sooner  had  the  emigrants  landed  on 
the  barren  coast  described  by  Nathaniel  Morton,  than  it 
was  their  first  care  to  constitute  a  society,  by  subscribing 
the  following  Act :  — 

"  In  the  name  of  God.  Amen.  We,  whose  names 
are  underwritten,  the  loyal  subjects  of  our  dread  Sovereign 
Lord  King  James,  &c.  &c..  Having  undertaken  for  the 
glory  of  God,  and  advancement  of  the  Christian  Faith,  and 
the  honour  of  our  King  and  country,  a  voyage  to  plant  the 
first  colony  in  the  northern  parts  of  Virginia ;  Do  by  these 
presents  solemnly  and  mutually,  in  the  presence  of  God 
and  one  another,  covenant  and  combine  ourselves  together 
into  a  civil  body  politick,  for  our  better  ordering  and  pres- 
ervation, and  furtherance  of  the  ends  aforesaid :   and  by 

*  Tliough  the  work  from  whicli  tlie  forcfroing  extracts  are  taken  appeared 
under  the  title  of  "  New  En<!^land's  Memorial,"  as  written  by  Nathaniel 
Morton,  it  was  compiled  by  him  chiefly  from  the  manuscripts  of  William 
Bradford,  who  wiis  one  of  the  leaders  of  the  Pilgrims  during  their  stay  in 
Holland,  and  was  elected  the  governor  of  their  settlement  at  Plymouth, 
whicli  ofiice  he  continued  to  hold  for  many  years.  Tlie  language  in  these 
extracts  is  almost  entirely  that  of  Bradford.  —  Am.  Ed. 


'■■^ 


ORIGIN   OF   THE   ANGLO- AMKRICANS. 


43 


men? 
knew 
(save 
.ce  or 
mmer 
atlier- 
s  and 
they 
wliicli 
\\)\i   to 
[."* 
iritans 
lice  of 
ive  al- 
L  relig- 
ied  on 
than  it 
cribing 

names 
rereign 
or  the 
th,  and 
xnt  the 
these 
f  God 
)o;ether 
1  pres- 
nd  by 

ippcared 

fiithaniel 

iWilliara 

stay  in 

rTnouth, 

I  ia  these 


virtue  liereof  do  enact,  constitute,  and  frame  sucli  just  and 
equal  laws,  ordinances,  acts,  constitutions,  and  offices,  from 
time  to  time,  as  shall  be  thought  most  meet  and  convenient 
for  the  general  good  of  the  Colony :  unto  Avhich  we  prom- 
ise all  due  submission  and  obedience,"  &c.* 

This  happened  in  1G20,  and  from  that  time  forwards  the 
emigi'ation  went  on.  The  religious  and  political  passions 
which  ravao'cd  the  British  emjtire  durino;  the  whole  reion 
of  Charles  I.  drove  fresh  crowds  of  sectarians  every  year 
to  the  shores  of  America.  In  Enoland,  the  stroiiiihold  of 
I'uritanism  continued  to  be  in  the  middle  classes  ;  and  it 
was  from  the  middle  classes  that  most  of  the  emi<i:rants 
came.  The  poj)ulation  of  New  England  increased  ra})idly  ; 
and  whilst  the  hierarchy  of  rank  despotically  classed  the 
inhabitants  of  the  mother  country,  the  colony  approximated 
more  and  more  the  novel  spectacle  of  a  community  homo- 
geneous in  all  its  parts.  A  democracy,  more  perfect  than 
antiquity  had  dared  to  dream  of,  started  in  full  size  and 
pano})ly  from  the  midst  of  an  ancient  feudal  society. 

The  English  government  "was  not  dissatisfied  with  a 
larce  emiivration  which  removed  the  elements  of  fresh 
discord  and  further  revolutions.  On  the  contrary,  it  did 
eveiything  to  encourage  it,  and  seemed  to  have  no  anxiety 
about  the  destiny  of  those  who  sought  a  shelter  on  the  soil 
of  America  from  the  rigor  of  their  laws.  It  appeared  as 
if  New  England  was  a  region  given  np  to  the  dreams  of 
fancy,  and  the  unrestrained  experiments  of  innovators. 

The  English  colonies  (and  this  is  one  of  the  main  causes 
of  their  prosperity)  have  always  enjoyed  more  internal 
freedom  and  more  political  independence  than  the  colonies 

*  The  emigrants  who  founded  tlic  State  of  Rhode  Island  in  1638,  tliosc 
wlio  landed  at  New  Haven  in  1637,  the  first  settlers  in  Connecticut  in  163'.>, 
and  the  founders  of  Providence  in  1640,  began  in  like  manner  by  (h'awing 
up  a  social  contract,  whidi  was  acceded  to  by  all  the  interested  parties.  See 
Pitkin's  History,  pp.  42  aud  47. 


1 


li   i| 


'     1    M 


■ir  'I 


4 


I 


ijuj 


^  i. 


U!i:l 


2  i  j!; Jl 


i,iil 


11 


« 


I 


u  i 


44 


DEMOCRACY  IN  AMERICA. 


of  other  nations ;  and  this  principle  of  liberty  was  nowhere 
more  extensively  applied  than  in  the  States  of  New  Eng- 
land. 

It  was  generally  allowed  at  that  period,  that  the  territo- 
ries of  the  New  World  belonged  to  that  European  nation 
which  had  been  the  first  to  discover  them.  Nearly  the 
whole  coast  of  North  America  thus  became  a  British  pos- 
session towards  the  end  of  the  sixteenth  century.  The 
means  used  by  the  English  government  to  people  these 
new  domains  were  of  several  kinds  :  the  kino-  sometimes 
appointed  a  governor  of  his  own  choice,  who  ruled  a  por- 
tion of  the  New  World  in  the  name  and  under  the  imme- 
diate orders  of  the  crown  ;  *  this  is  the  colonial  system 
adopted  by  the  other  countries  of  Europe.  Sometimes, 
grants  of  certain  tracts  were  made  by  the  crown  to  an  in- 
dividunl  or  to  a  company,!  in  which  case  all  the  civil  and 
political  power  fell  into  the  hands  of  one  or  more  persons, 
who,  under  the  inspection  and  control  of  the  crown,  sold 
the  lands  and  governed  the  inhabitants.  Lastly,  a  third 
system  consisted  in  allowing  a  certain  number  of  emigrants 
to  form  themselves  into  a  political  society  under  the  pro- 
tection of  the  mother  country,  and  to  govern  themselves 
in  whatever  was  not  contrary  to  her  laws.  This  mode  of 
colonization,  so  favorable  to  liberty,  was  adopted  only  in 
New  England. $ 

*  This  was  the  case  in  the  State  of  New  York. 

t  JSIaryland,  the  Carolinas,  Pennsylvania,  and  New  Jersey  were  in  this 
situation.     See  Pitkin's  History,  Vol.  I.  pp.  11-31. 

t  See  the  work  entitled  "  Historical  Collection  of  State  Papers  and 
other  authentic  Documents  intended  as  Materials  for  an  History  of  the 
United  Stu'os  of  America,  by  Ebciiczcr  Hazard,"  (Pliiladelphia,  1792,)  for 
a  great  number  of  documents  rclatinj^  to  the  commencement  of  the  colonics, 
which  are  valuable  from  their  contents  and  their  .luthenticity :  amongst 
them  are  the  various  charters  granted  by  the  king  of  England,  and  the 
first  acts  of  the  local  governments. 

See  also  the  analysis  of  all  these  charters  given  by  Mr.  Story,  Judge  of 


.■■e3 


ORIGIN   OF   THE   ANGLO-AMERICANS. 


45 


In  1028,*  a  cliartor  of  tliis  kind  was  granted  by  Charles 
I.  to  the  emigrants  wlio  went  to  form  the  eolony  of  Massa- 
clnisetts.  But,  hi  general,  charters  were  not  given  to  the 
coloMies  of  New  England  till  their  existence  had  become 
an  established  fact.  Plymouth,  Providence,  New  Haven, 
Connecticut,  and  Rhode  Island  f  were  founded  without  the 
liel}>,  and  almost  without  the  knowledge,  of  the  mother 
coinitry.  The  new  settlers  did  not  derive  their  powers 
from  the  head  of  the  empire,  although  they  did  not  deny 
its  supremacy ;  they  constituted  themselves  into  a  society, 
and  it  was  not  till  thirty  or  forty  years  afterwards,  under 
Charles  II.,  that  their  existence  was  legally  recognized  by 
a  royal  charter. 

This  frequently  renders  it  difficult,  in  studying  the  ear- 
liest historical  and  legislative  records  of  New  England,  to 
detect  the  link  wliich  connected  the  emigrants  with  the 
land  of  their  forefathers.  They  continually  exercised  the 
rights  of  sovereignty ;  they  named  their  magistrates,  con- 
cluded peace  or  declared  war,  made  police  regulations,  and 
enacted  laws,  as  if  their  allegiance  was  due  only  to  God.  J 
Nothing  can  be  more  curious,  and  at  the  same  time  more 
instructive,  than  the  legislation  of  that  period ;  it  is  there 
that  the  solution  of  the  great  social  problem  which  the 
United  States  now  present  to  the  world  is  to  be  found. 

the  Supreme  Court  of  the  United  States,  in  the  Introduction  to  his  "  Com- 
mentaries on  the  Constitution  of  the  United  States."  It  is  proved  by  these 
documents,  that  the  principles  of  representative  {government  and  the  external 
forms  of  political  liberty  were  introduced  into  all  the  colonies  almost  from 
their  orijrin.  These  principles  were  more  fully  acted  upon  in  the  North 
than  in  the  South,  but  they  existed  everywhere. 

*  See  Pitkin's  History,  p.  3^.  Also,  the  "  History  of  the  Colony  of 
Massachusetts  Bay,"  by  Hutchinson,  Vol.  I.  p.  9. 

t  Sec  Pitkin's  History,  pp.  42,  47. 

X  The  inhabitants  of  Massachusetts  had  deviated  from  the  forms  which 
are  preserved  in  the  criminal  and  civil  procedure  of  England  ;  in  ICiO,  the 
name  of  the  kinji^  was  not  yet  put  at  the  head  of  the  decrees  of  justice.  See 
Hutchinson,  Vol.  I.  p.  452. 


i  \ 

|i 

1  i;' 

3:     -y                I 

ii!i 


!   >;i 


4G 


DEMOCRACY   IN   AMERICA. 


!  ■  V 


Amono;st  tliosc  tlocnmcnts  we  shall  notice,  as  especially 
characteristic,  the  code  of  laws  promulgated  by  the  little 
state  of  Connecticut  in  1G50.* 

The  legislators  of  Connecticut!  begin  with  the  penal 
laws,  and,  strange  to  say,  they  borrow  their  provisions  from 
the  text  of  Holy  Writ. 

"  Whosoever  shall  worship  any  other  God  than  the 
Lord,"  says  the  preamble  of  the  Code,  "  shall  surely  be 
put  to  death."  This  is  followed  by  ten  or  twelv  enact- 
ments of- the  same  kind,  copied  verbatim  from  the  books 
of  Exodus,  Leviticus,  and  Deuteronomy.  Blasphemy,  sor- 
cery, adultery,  J  and  rape  were  punished  with  death ;  an 
outrage  offered  by  a  son  to  his  parents  was  to  be  expi- 
ated by  the  same  penalty.  The  legislation  of  a  rude  and 
half-civilized  people  was  thus  applied  to  an  enlightened  and 
moral  community.  The  consequence  was,  that  the  punish- 
ment of  death  was  never  more  frequently  prescribed  by 
statute,  and  never  more  rarely  enforced.  § 

The  chief  care  of  the  legislators,  in  this  body  of  penal 
Ir  .vs,  was  the  maintenance  of  orderlv  conduct  and  o;ood 
morals  in  the  community:  thus  they  constantly  invaded 


;:i' 


*  Code  of  1650,  p.  28  (Hartford,  1830). 

t  See  also  in  Ilutoliinson's  History,  Vol.  I.  pp.  43,'5,  456,  tlie  analysis 
of  the  penal  code  adopted  in  1648  by  the  colony  of  Massachusetts:  this 
code  is  drawn  up  on  the  same  principles  as  that  of  Connecticut. 

\  Adultery  was  also  punished  with  death  by  the  law  of  Massachusetts : 
and  Hutchinson  (Vol.  I.  p.  441)  says  that  several  persons  actually  suffered 
for  this  crime.  He  quotes  a  curious  anecdote  on  this  subject,  of  what  took 
])lace  in  the  year  1663.  A  married  woman  had  had  criminal  intercourse 
with  a  younj;  man ;  her  husband  died,  and  she  married  the  lover.  Several 
years  had  elapsed,  when  the  public  lic|?au  to  suspect  the  previous  intercourse 
of  this  couple :  they  were  thrown  into  prison,  put  ui)on  trial,  and  very  nar- 
rowly escaped  capital  punishment. 

§  Except  in  Enn:laud,  up  to  the  beginning  of  tlie  present  century,  where 
more  than  one  hundred  crimes  were  statutably  punishaiile  with  death,  but 
not  more  tlian  one  out  of  a  hundred  convicted  persons  were  actually  exe- 
cuted. —  Am.  Ed. 


; 


:l 


ORIGIN    OF   TIIK    ANGLO-AMKRICANS. 


47 


the  domain  of  conscience,  and  there  Avas  scarcely  a  sin 
which  was  not  snhject  to  magisterial  censnre.  The  reader 
is  aware  of  the  rigcn'  with  Avhich  these  laws  pnnislied  rape 
and  adultery ;  intercourse  between  unmarried  persons  was 
likewise  severely  re})ressed.  The  judge  was  emj)()wered  to 
inflict  either  a  pecuniary  penalty,  a  whip})ing,  or  mar- 
riage,* on  the  misdemeanants ;  and  if  the  records  of  the 
old  courts  of  New  Haven  may  be  believed,  prosecutions 
of  this  kind  were  not  unfrequent.  We  find  a  sentence, 
beariug  date  the  1st  of  May,  lOGO,  inflicting  a  fine  and 
reprimand  on  a  young  woman  who  was  accust'd  of  using 
improper  language,  and  of  allowing  herself  to  be  kissed. f 
The  Code  of  1G50  abounds  in  preventive  measures.  It 
punishes  idleness  and  drunkenness  with  severity.  ^  Inn- 
keepers were  forbidden  to  furnish  more  than  a  certain 
quantity  of  liquor  to  each  consumer ;  and  sim})le  lying, 
whenever  it  may  be  injurious,^  is  checked  by  a  fine  or  a 
flogging.  In  other  places,  the  legislator,  entirely  forget- 
ting the  great  principles  of  religious  toleration  which  he 
had  himself  demanded  in  Europe,  makes  attendance  on 
divine  service  compulsory,  ||  and  goes  so  far  as  to  visit  with 
severe  punishment,^  and  even  with  death,  Christians  who 


*  Code  of  1650,  p.  48.  It  appears  sometimes  to  have  liappcned  that  tho 
judges  inflicted  these  punisliments  cumulatively,  as  is  seen  in  a  sentence 
pronounced  in  1643  (New  Haven  Antiquities,  p.  114),  by  which  Margaret 
Bedford,  convicted  of  loose  conduct,  was  condemned  to  be  wliipt,  and  after- 
wards to  marry  Nicolas  Jemmings,  her  accomplice. 

t  New  Haven  Antiquities,  p.  104.  Sec  also  Hutchinson's  History  for 
several  causes  equally  extraordinary. 

t  Code  of  1650,  pp.  50,  57.  §  Ibid.,  p.  64.  ||  Ibid.,  p.  44. 

IT  This  was  not  peculiar  to  Connecticut.  See,  for  instance,  the  law 
which,  on  the  13th  of  September,  1644,  banished  the  Anal)a]jtists  from 
Massachusetts.  (Historical  Collection  of  State  Papers,  Vol.  I.  p.  538.)  See 
also  the  law  against  the  Quakers,  passed  on  the  14tli  of  October,  1656. 
"  Whereas,"  says  the  preamlde,  "  an  accursed  race  of  heretics  called  Quakers 
has  sprung  up,"  etc.  Tiie  clauses  of  the  statute  inflict  a  heavy  fine  on  all 
captains  of  ships  who  should  import  Quakers  into  the  coun?  ry.    The  Quakers 


I 


I  li^^ 


;  'ft        "!l  M      !■ 

i:;;i  mm  t 

t'  ,«,'    1,!"        I 


k 


i 


!        ) 


m 


^1  -.^iri 


48 


DEMOCRACY  IN  AMERICA. 


chose  to  worship  God  according  to  a  ritual  differing  from 
his  own.*  Sometimes,  indeed,  the  zeal  for  regulation  in- 
duces him  to  descend  to  the  most  frivolous  particulars  : 
thus  a  law  is  to  he  found  in  the  same  code  which  })rohibits 
the  use  of  tobacco,  f  It  must  not  be  forgotten  that  these 
fantastical  and  vexatious  laws  were  not  imj)osed  by  au- 
thority, but  that  they  were  freely  voted  by  all  the  persons 
interested  in  them,  and  that  the  manners  of  the  commu- 
nity were  even  more  austere  and  puritanical  than  the  laws. 
In  1G49,  a  solemn  association  was  formed  in  Boston  to 
check  the  worldly  luxury  of  long  hair.  ^ 

These  errors  are  no  doubt  discreditable  to  human  rea- 
son ;  they  attest  the  inferiority  of  our  nature,  which  is 
incapable  of  laying  firm  hold  upon  what  is  true  and  just, 
and  is  often  reduced  to  the  alternative  of  two  excesses. 
In  strict  connection  with  this  penal  legislation,  which  bears 
such  striking  marks  of  a  narrow,  sectarian  spirit,  and  of 
those  religious  passions  which  had  been  warmed  by  perse- 
cution and  were  still  fermenting  among  the  people,  a  body 
of  political  laws  is  to  be  found,  which,  though  written  two 
hundred  years  ago,  is  still  in  advance  of  the  liberties  of 
our  a<j;e. 

The  general  principles  which  are  the  groundwork  of 
modern  constitutions  —  principles  which,  in  the  seven- 
teenth century,  were  imperfectly  known  in  Europe,  and 

who  may  be  found  there  shall  be  whipt  and  imprisoned  with  hard  labor.  Those 
members  of  the  sect  wlio  should  defend  their  opinions  shall  be  first  fined, 
then  imprisoned,  and  finally  driven  out  of  the  province.  Historical  Col- 
lection of  State  Papers,  Vol.  I.  p.  630. 

*  By  the  penal  law  of  Massachusetts  [1647]  any  Catholic  priest  who 
should  set  foot  in  the  colony  after  having  been  once  driven  out  of  it  was 
liable  to  capital  punishment.  [This  act  had  a  political  rather  than  an  eccle- 
siastical purpose,  and  was  of  a  piece  with  the  penal  legislation  of  England 
at  al)out  the  same  period,  and  long  afterwards,  against  the  Catholics, 
—  Am.  Ed.] 

t  Code  of  le.'JO,  p.  96, 

X  Xcw  England's  JMcmorial,  p.  316.     See  Appendix  E. 


ORIGIN   OF   THE   ANGLO-AMERICANS. 


49 


not  ('<)mj)lotely  triumpliant  even  in  Great  Britain  —  were 
all  rec'o^iii/ed  and  established  by  the  laws  of  New  En<j;- 
lund :  the  intervention  of  the  people  in  public  atfairs,  the 
free  voting  of  taxes,  the  responsibility  of  the  agents  of 
power,  personal  liberty,  and  trial  by  jury,  were  all  posi- 
tively established  without  discussion. 

These  fruitful  principles  were  there  aj)i)lied  and  devel- 
oped to  an  extent  such  as  no  nation  hi  Eui'ope  has  yet 
ventured  to  attempt. 

In  Connecticut  the  electoral  body  consisted,  from  its 
origin,  of  the  whole  number  of  citizens ;  and  this  is  read- 
ily to  be  understood,*  when  we  recollect  that  in  this  young 
connnunity  there  was  an  almost  perfect  equality  of  fortune, 
and  a  still  greater  uniformity  of  opinions. f  In  Connecti- 
cut, at  this  period,  all  the  executive  functionaries  were 
elected,  including  the  Governor  of  the  State.  J  The  citi- 
zens above  the  age  of  sixteen  were  obliged  to  bear  arms  ; 
they  formed  a  national  militia,  which  appointed  its  own 
officers,  and  was  to  hold  itself  at  all  times  in  readiness  to 
march  for  the  defence  of  the  country. § 

In  the  laws  of  Connecticut,  as  well  as  in  all  those  of 
New  England,  we  find  the  germ  and  gradual  development 
of  that  township  independence,  which  is  the  life  and  main- 
spring of  American  liberty  at  the  present  day.  The  polit- 
ical existence  of  the  majority  of  the  nations  of  Europe 
commenced  in  the  superior  ranks  of  society,  and  was 
gradually  and  imperfectly  communicated  to  the  different 
members  of  the  social  body.    In  America,  on  the  contrary, 


*  Constitution  of  1638,  p.  17. 

t  In  1G41  the  General  Assembly  of  Rhode  Island  unanimously  declared 
that  the  government  of  the  state  was  a  democracy,  and  that  the  power  was 
vested  in  the  body  of  free  citizens,  who  alone  had  the  right  to  make  the 
laws  and  to  watch  their  execution.     Code  of  1650,  p.  70. 

t  ritkin's  History,  p.  47. 

§  Constitution  of  1638,  p.  12. 

3  D 


|iig 

i 
'fl 


;! 

i! 


Mi 
U 


\\n 


,i     ; 


ill 


60 


DEMOCRACY   IN   AMKIJICA. 


it  may  be  said  tliat  the  township  was  organized  before  the 
county,  the  county  before  the  State,  the  State  before  the 
Union. 

In  New  Enoland,  townsliips  were  conn)k>tely  and  defini- 
tively constituted  as  early  as  1050.  The  independence  of 
the  township  was  the  nucleus  round  which  the  local  inter- 
ests, passions,  rights,  and  duties  collected  and  clung.  It 
gave  scope  to  the  activity  of  a  real  political  life,  thoroughly 
democratic  and  republican.  The  colonies  still  recognized 
the  suj)remacy  of  the  mother  country ;  monarchy  was  still 
the  law  of  the  State ;  but  the  republic  was  already  estab- 
lished in  every  township. 

The  towns  named  their  own  magistrates  of  every  kind, 
rated  themselves,  and  levied  their  own  taxes.*  In  the 
New  England  toAvn,  the  law  of  representation  was  not 
adopted ;  but  the  affairs  of  the  community  were  discussed, 
as  at  Athens,  in  the  market-place,  by  a  general  assembly 
of  the  citizens. 

In  studying  the  laws  which  were  promulgated  at  this 
early  era  of  the  American  republics,  it  is  impossiVle  not  to 
be  struck  by  the  remarkable  acquaintance  with  the  science 
of  government,  and  the  advanced  theory  of  legislation, 
which  they  dl.^play.  The  ideas  there  formed  of  the  duties 
of  society  towards  its  members  are  evidently  much  loftier 
and  more  comprehensive  than  those  of  European  legislators 
at  that  time :  obligations  were  there  imposed  upon  it  Avhich 
it  elsewhere  slio;lited.  In  the  States  of  New  Eno;land,  from 
the  first,  the  condition  of  the  poor  was  provided  for  ;  f 
strict  measures  were  taken  for  the  maintenance  of  roads, 
and  surveyors  were  appointed  to  attend  to  them ;  |  records 
were  established  in  every  town,  in  which  the  results  of 
public  deliberations,  and  the  births,  deaths,  and  marriages 
of  the  citizens,  were  entered ;  §    clerks  were  directed  to 


*  Code  of  1650,  p.  80.  t  Il)i<l.,  p.  78. 

§  See  Ilutchinsou's  History,  Vol.  I.  p.  455. 


t  Ibid.,  p.  49. 


OIJKIIX    OK   TIIK    AXGLO-AMKHICAXS. 


T)! 


koop  these  rorords ;  *  officers  were  cliar«f(Hl  with  the  ad- 
ministration of  vacant  inlioritanccs,  and  witli  tlio  arhitra- 
tion  of  litigated  landmarks  ;  and  many  otlicrs  were  cre- 
ated, wliosc  chief  functions  were  the  maintenance  of  puhlic 
order  in  the  conununity.f  The  law  enters  into  a  thou- 
sand vari(ms  details  to  anticipate  and  satisfy  a  crowd  of 
social  wants  which  are  even  now  very  inadequately  felt 
in  France. 

But  it  is  by  the  mandates  relatin<»;  to  Puhlic  Education 
that  the  onVinal  character  of  .\merican  civilization  is  at 
once  placed  in  the  clearest  lioht.  '-'■  It  1)eiii<j;,"  says  the 
law,  "  one  chief  proje(;t  of  that  old  deluder,  Satan,  to  keep 
men  from  the  knowledr^e  of  the  Scri])ture  hy  j)ersuadiii<i; 
them  from  the  use  of  tonmies,  to  the  end  that  learnini; 
may  not  be  buried  in  the  graves  of  our  forefathers,  in 
church  and  commonwealth,  the  Lord  assisting  our  en- 
deavors." J  Here  follow  clauses  establishing  schools  in 
every  township,  and  obliging  the  inhabitants,  under  pain 
of  heavy  fines,  to  support  them.  Schools  of  a  superior 
kind  were  founded  in  the  same  manner  in  the  more  ])opu- 
lous  districts.  The  municipal  authorities  were  bound  to 
enforce  the  sendmg  of  children  to  school  by  their  parents  ; 
they  were  empowered  to  inflict  fines  u])on  all  who  ref  ^.sed 
compliance ;  and  in  cases  of  continued  resistance,  society 
assumed  the  place  of  the  j)arent,  took  possession  of  the 
child,  and  deprived  the  fiither  of  those  natural  I'ights  wliich 
he  used  to  so  bad  a  purpose.  The  reader  will  undoubt- 
edly have  remarked  the  preamble  of  these  enactments :  in 
America,  religion  is  the  road  to  knowledge,  and  the  obser- 
vance of  the  divine  laws  leads  man  to  ciN'il  freedom. 

If,  after  having  cast  a  rapid  glance  over  the  state  of 
American  society  in  1050,  we  turn  to  the  condition  of 
Europe,  and  more  especially  to  that  of  the  Continent,  at 
the  same  period,  we  cannot  faU  to  be  struck  "virli  astonish- 


"■S 


*  Code  of  1G50,  p.  86. 


t  Ibid.,  p.  40. 


I  Ibid.,  p.  yo. 


m 


'f'      I 


,'tlt 


52 


DKMOrnACV    IN    AMKKICA. 


I 


mcnt.  On  tlio  contiiiont  of  Europe,  at  tlio  booinninof  of 
tlio  sovciiti'ciith  c'ontury,  absoluto  iiKMiarchy  had  c  c-ry- 
wliorc  triiimplu'd  over  tlic  ruins  of  tlii^  oli^arcliical  and 
I'l'udal  lihcrtics  of  tlic  Middle  A;j;c's.  Never  perhaps  wore 
the  ideas  of  ri^'ht  more  couipleti'Iy  overlooked,  than  in  the 
midst  of  the  splendor  and  literature  of  Europe ;  never  was 
there  less  ])()litieal  aetivity  among  tlie  peoj)le ;  never  were 
the  principles  of  true  freedom  less  widely  circulated ;  and 
ut  that  very  time,  those  princij)les,  Avhich  were  scorned  or 
ludvuown  by  the  nations  of  JMU'ope,  were  proclaimed  in 
the  deserts  of  the  New  World,  and  were  accepted  as  the 
i'uture  creed  of  a  <j;reat  pet)ple.  The  boldest  theories  of 
the  Innnan  mind  were  reduced  to  practice  by  a  community 
so  humble,  that  not  a  statesman  condescended  to  attend  to 
it ;  and  a  system  of  legislation  without  a  precedent  was 
})ro(luced  oii'hand  by  the  natural  originality  of  men's 
imaginations.  In  the  bosom  of  this  obscure  democracy, 
which  had  as  yet  brought  forth  neither  generals,  nor  phi- 
losophers, nor  authors,  a  man  might  stand  up  in  the  face 
of  a  free  i)eople,  and  pronounce  with  general  applause  the 
following  tine  definition  of  hberty.* 

"  Concerning  liberty,  I  observe  a  gi'eat  mistake  in  the 
country  about  that.  There  is  a  twofold  liberty,  natural 
(I  mean  as  our  nature  is  now  corrupt)  and  civil  or  federal. 
The  first  is  common  to  man  with  beasts  and  other  crea- 
tures. By  this,  man,  as  he  stands  in  relation  to  man 
simply,  hath  liberty  to  do  what  he  lists ;  it  is  a  liberty  to 
evil  as  well  as  to  good.  This  liberty  is  incompatible  and 
inconsistent  with  authority,  and  cannot  endure  the  least 
restraint   of   the   most  just  authority.     The  exercise  and 

*  Matlicr's  "Miifrnalia  Christi  Americana,"  "Vol.  II.  p.  13.  This  speech 
was  made  by  Winthrop  ;  lie  was  accused  of  liaving  committed  arbitrary  ac- 
tions (luring''  his  magistracy,  but  after  having  made  tlie  speech,  of  wliich  the 
above  is  a  fragment,  he  was  acquitted  by  acclanuition,  and  from  tliat  time 
forwards  lie  was  always  re-elected  Governor  of  the  State.  See  Rlarshall, 
Vol.  1.  p.  166. 


:LLLiilk. 


ORIGIN   OF   Tin:   ANCILO-AMKRICAXS. 


58 


ni;iint:iiiiln<i;  of  tliis  liberty  makes  lueti  ^n'ow  more  evil,  and 
in  time  to  be  worse  than  brute  beasts :  oinne.H  nuntus  lici'iitlf 
Jdt'i'iorrii.  This  is  that  oreat  enemy  of  truth  and  ]»eaee, 
that  wild  beast,  which  all  the  ordinances  of  (mxI  are  bent 
a"ainst,  to  restrain  and  subdue  it.  The  other  kind  of  lib- 
erty  I  call  civil  or  federal  ;  it  may  also  be  termetl  moral,  in 
reference  to  the  covenant  between  (i(;(l  and  man,  in  the 
moral  law,  and  the  politic  covenants  anil  constitutions, 
amongst  men  themselves.  This  liberty  is  the  proper  end 
and  object  of  authority,  and  cannot  subsist  without  it ;  and 
it  is  a  liberty  to  that  only  wiiich  is  ^ood,  just,  and  lu)nest. 
This  liberty  you  are  to  stand  for,  with  the  hazard  not  only 
of  your  goods,  but  of  your  lives,  if  need  be.  Whatsoever 
crosseth  this,  is  not  authority,  but  a  distem[H'r  .hereof. 
This  liberty  is  maintained  and  exercised  in  a  way  of  sub- 
jection to  authority ;  it  is  of  the  same  kind  of  liberty 
wherewith  Christ  liatli  made  us  free."* 

T  have  said  enough  to  put  the  character  of  Anglo- 
American  civilization  in  its  true  light.  It  is  the  result 
(and  this  should  be  constantly  present  to  the  mind)  of  tAvo 
distinct  elements,  which  in  other  places  liave  been  in  fre- 
quent hostility,  but  which  in  America  have  been  admirably 
incorporated  and  combined  with  one  another.  I  allude  to 
the  spirit  of  Religion  and  the  spirit  of  Liberty. 

The  settlers  of  New  England  were  at  the  same  time 
ardent  sectarians  and  daring  innovators.  Narrow  as  the 
limits  of  some  of  their  religious  opinions  were,  they  were 
free  from  all  political  prejudices. 

Hence  arose  two  tendencies,  distinct  but  not  opposite, 
which  are  eveiywhere  discernible  in  the  manners  as  w^ell 
as  the  laws  of  the  country. 

*  Dc  To((iiicville  f'opieil  from  tlie  "Magnalia"  Cotton  Matlier's  imper- 
fect and  faulty  report  of  this  speech.  I  have  suljstituted  Wintlirop's  own 
report  of  it,  as  he  inserted  it  at  tlic  time  in  his  "  Journal,"  a  corrected 
edition  of  which  has  been  recently  published  by  Mr.  James  Savage.  — 
Am.  Ed. 


it 


0: 


1  A 


• 

n 

11 

1      ; 

1 

:*l 


! 
1 

! 

/ 

( 

i 

' 

■,  "t; 
1 

54 


DEMOCRACY   IN   AMKRICA. 


Ono  would  tliiiik  tliat  iiu'ii  wlio  ]vm]  sarriric.'d  tlicir 
irii'iids,  tlioir  tiimilv,  and  tlu'ir  native  ':»>  d  to  a  rrlliiious 
conviction  would  he  wholly  ahsorhed  in  i-u  pnisuit  of  the 
treasure  which  they  luid  just  j>urchased  at  so  lii^li  a  jn'ice. 
And  yet  we  find  them  seekiu;!;  with  nearly  c(iual  /.eal  lor 
material  wi-alth  and  m(»ral  ;^o<id,  —  for  well-l)ein<;' and  fi'ee- 
dom  on  I'arth,  and  salvation  m  heaven.  Tlu'V  moulded 
an<l  altered  at  pleasure  all  ])olitical  i)rinciples,  ;uid  all  hu- 
man laws  and  institutions  ;  they  hroko  down  the  harriers 
of  the  society  in  which  they  were  horn  ;  they  disrc'uarded 
the  old  principK's  which  had  o()verned  the  world  for  a<;es  ; 
a  career  without  hounds,  a  lii'ld  without  a  horizon,  was 
opened  hefore  them:  they  j)recipitate  themselves  into  it, 
and  traverse  it  in  every  direction.  But,  having  reached 
the  limits  of  the  political  world,  they  stop  of  their  own 
accord,  and  lay  aside  with  awe  the  use  of  their  most  for- 
midahle  faculties;  they  no  longer  doubt  or  innovate;  they 
abstain  from  raising  even  tlu;  veil  of  the  sanctuary,  and 
bow  with  submisjsive  respect  before  truths  which  they  ad- 
mit without  discussion. 

Thus,  in  the  moral  world,  everything  is  classified,  sys- 
tematized, foreseen,  and  decided  beforehand ;  in  the  politi- 
cal world,  everything  is  agitated,  disputed,  and  uncertain. 
In  the  one  is  a  j)assive  though  a  voluntary  obedience ;  in 
the  other,  an  independence  scornful  of  experience,  and 
jealous  of  all  authority.  These  two  tendencies,  appar- 
ently so  discrepant,  are  far  from  conflicting ;  they  advance 
together,  and  mutually  support  each  other. 

Religion  perceives  that  civil  liberty  affords  a  noble  exer- 
cise to  the  faculties  of  man,  and  that  the  political  worhl  is 
a  field  prepared  by  the  Creator  for  the  eflbrts  of  mind. 
Free  and  powerful  in  its  own  sphere,  satisfied  with  the 
])lace  I'cserved  for  it,  religion  never  more  surely  establishes 
its  empire  than  when  it  reigns  in  the  hearts  of  men  unsup- 
ported by  aught  beside  its  native  strength. 


OHKJIX   OK   THK   AN(JLO-AMi:Pf<'AN'S. 


00 


LiluTty  i>'^;ii'(ls  ri'li^ion  us  its  coinpairKdi  in  ;ill  its  hattli's 
and  its  triiiiii|iiis,  —  as  tlio  cradle  of  its  infancy,  ami  tin- 
divine  soni'cc  of  its  claims.  Jt  considers  relijj-ion  as  tlie 
Hufeynai'd  of  morality,  and  morality  as  the  hest  security  of 
luNV,  and  thu  siu'est  pledge  of  the  duration  of  treedoni.* 


REASON'S    OF    CKKTAIN     ANOMM.IF,?^    WHnil    Til  11     I,\W8    AM) 
CLSTOMS    OF    Tllli    ANGI.O-AMKUIC.VNS    rUKSKNT. 

Roniiiiiis  of  Arirttocratic  IiKxtitiitimis  ainidiit  tlio  most  coiuplftt!  Dcinocnicy. 
—  Why  '.  —  Ciiicriil  Distinction  to  lie  drawn  iu'twfcn  uliat  i.s  of  I'uri- 
tanical  and  what  of  Knj;li,sh  Uri;iiu. 

TiiM  reader  is  cautioned  not  to  draw  too  n-eneral  or  too 
absolute  an  inference  from  what  has  been  said.  The  social 
condition,  tlie  relioion,  and  the  manners  of  the  first  emi- 
grants nudouhtedly  exercised  an  immense  influence  on  the 
destiny  of  their  new  country.  Nevertheless,  they  could 
not  found  a  state  of  things  originating  solely  in  them- 
selves :  no  man  can  entirely  sliake  off  the  influence  of  the 
past ;  and  the  settlers,  intentionally  or  not,  mingled  habits 
and  notions  derived  from  their  education  and  the  traditions 
of  tlieir  country  with  those  habits  and  notions  which  were 
exclusively  tlieir  own.  To  know  and  to  judge  the  Anglo- 
Americans  of  the  present  day,  it  is  therefore  necessary  to  dis- 
tinjiuisli  what  is  of  Puritanical  and  what  of  Eniilish  orioin. 

Laws  and  customs  are  frecpiently  to  be  met  with  in  the 
United  States  wliicli  contrast  strongly  with  all  that  sur- 
rounds them.  These  laws  seem  to  be  drawn  up  in  a  spirit 
contrary  to  the  prevailing  tenor  of  American  legislation  ; 
and  these  customs  are  no  less  opposed  to  the  general  tone 
of  society.  If  the  English  colonies  had  been  founded  in  an 
age  of  darkness,  or  if  their  origin  was  already  lost  in  the 
lapse  of  years,  the  problem  would  be  insoluble. 

I  shall  quote  a  single  example  to  illustrate  my  meaning. 
The  civil  and  criminal  procedure  of  the  Americans  has 

*  See  Appendix  F. 


i 


'I 

.  i  . 


k  ^.   'hi 


I!    I  'HA 


50 


DEJIOCRACY   IN  AMERICA. 


only  two  means  of  action,  —  committal  or  bail.  The  first 
act  of  the  magistrate  is  to  exact  security  from  the  defend- 
ant, or,  in  case  of  refusal,  to  incarcerate  him :  the  ground 
of  tlie  accusation  and  the  importance  of  the  charges  against 
him  are  then  discussed. 

It  is  evident  that  such  a  legislation  is  hostile  to  the  poor, 
and  favorable  only  to  the  rich.  The  poor  man  has  not 
always  a  security  to  produce,  even  m  a  civil  case ;  and  if 
he  is  obliged  to  wait  for  justice  in  prison,  he  is  speedily 
reduced  to  distress.  A  wealthy  person,  on  the  contrary, 
always  escapes  imprisonment  in  civil  cases  ;  nay,  more, 
if  he  has  committed  a  crime,  he  may  readily  elude  punish- 
ment by  breaking  his  bail.  Thus  all  the  penalties  of  the 
law  are,  for  him,  reduced  to  fines.*  Nothing  can  be  more 
aristocratic  than  this  system  of  legislation.  Yet  in  America, 
it  is  the  poor  who  make  the  law,  and  they  usually  reserve 
the  gi'eatest  advantages  of  society  to  themselves.  The  ex- 
planation of  the  })henomenon  is  to  be  found  in  England  ; 
the  laws  of  which  I  speak  are  English,  and  the  Americans 
have  retained  them,  although  repugnant  to  the  general 
tenor  of  their  legislation  and  the  mass  of  their  ideas. 

Next  to  its  habits,  the  thing  which  a  nation  is  least  apt 
to  change  is  its  civil  legislation.  Civil  laws  are  familiarly 
known  only  to  lawyers,  whose  direct  interest  it  is  to  main- 
tain them  as  they  are,  whether  good  or  bad,  simply  because 
they  themselves  are  conversant  with  them.  The  bulk  of 
the  nation  is  scarcely  acquainted  with  them  ;  it  sees  their 
action  only  in  particular  cases,  can  with  difficulty  detect 
their  tendency,  and  obeys  them  without  thought. 

I  have  quoted  one  instance  where  it  would  have  been 
easy  to  adduce  many  others.  The  picture  of  American 
society  has,  if  I  may  so  speak,  a  surface-covering  of  de- 
mocracy, beneath  which  the  old  aristocratic  colors  some- 
times peep  out. 


*  Crimes  no  doubt  exist  for  which  bail  is  inadmissible,  but  they  are  few 
in  number. 


SOCIAL   CONDITION   OF   TUE   ANGLO-AMKIUCANS. 


57 


CHAPTER    III. 


SOCIAL   CONDITION   OF   THE  ANGLO-AMERICANS. 

SOCIAL  condition  is  commonly  the  result  of  cii'cum- 
stances,  sometimes  of  laws,  oftenor  still  of  these  two 
causes  united  ;  but  when  once  established,  it  may  jnstly  be 
considered  as  itself  the  source  of  almost  all  the  laws,  the 
usages,  and  the  ideas  which  reondate  the  contluct  of  na- 
tions :  whatever  it  does  not  produce,  it  modifies. 

If  we  would  become  acquainted  with  the  lep;islation  and 
the  manners  of  a  nation,  therefore,  we  must  begin  by  the 
study  of  its  social  condition. 


THE    STRIKING    CHARACTERISTIC    OF   THE    SOCIAL    CONDITION 
OF  THE  ANGLO-AMERICANS  IS  ITS  ESSENTIAL  DEMOCRACY. 

The  first  Emifrrants  of  New  Eng:lanfl.  —  Their  Equality.  — Aristocratic  Laws 
introduced  in  the  South.  —  Period  of  the  Revolution.  —  Cliuiioe  in  the 
Laws  of  Inheiitance.  —  Effects  produced  hy  this  Ciianye.  —  Democracy 
carried  to  its  utmost  Limits  in  the  new  States  of  the  West.  —  Equality  of 
Mental  Endowments. 


Many  important  observations  suggest  themselves  upon 
the  social  condition  of  the  Anglo-Americans ;  but  there  is 
one  which  takes  precedence  of  all  the  rest.  The  social 
condition  of  the  Americans  is  eminently  democratic  ;  this 
was  its  character  at  the  foundation  of  the  colonies,  and  it  is 
still  more  strongly  marked  at  the  present  day. 

I  have  stated  in  the  preceding  chapter  that  great  equal- 
ity existed  among  the  emigrants  who  settled  on  the  shores 

3* 


ili 


Ml 


^ililj 


58 


DKMOCRACY    IN    AMERICA. 


of  New  Eiigliind.  Even  the  germs  of  aristocracy  were 
never  })lanted  in  tliat  part  of  the  Union.  The  only  influ- 
ence which  obtained  tliere  was  that  of  intellect ;  the  people 
were  used  to  reverence  certain  names  as  the  emblems  of 
knowledoe  and  virtue.  Some  of  their  fellow-citizens  ac- 
quired  a  power  over  the  others  which  might  truly  have 
been  called  aristocratic,  if  it  had  been  capable  of  trans- 
mission from  father  to  son. 

This  was  the  state  of  things  to  the  east  of  the  Hudson : 
to  the  soutliwest  of  that  river,  and  as  far  as  the  Floridas, 
tlie  case  was  diflPerent.  In  most  of  the  States  situated  to 
the  soutliwest  of  the  Hudson  some  great  English  propri- 
etors had  settled,  who  had  imported  with  them  aristocratic 
principles  and  the  English  law  of  inheritance.  I  have 
ex])lained  the  reasons  why  it  was  impossible  ever  to  es- 
tablish a  powerful  aristocracy  in  America ;  these  reasons 
existed  with  less  force  to  the  southwest  of  the  Hudson. 
In  the  South,  one  man,  aided  by  slaves,  could  cultivate  a 
great  extent  of  country ;  it  was  therefore  common  to  see 
rich  landed  proprietors.  But  their  influence  was  not  alto- 
gether aristocratic,  as  that  term  is  understood  hi  Europe, 
since  they  possessed  no  privileges ;  and  the  cultivation  of 
their  estates  being  carried  on  by  slaves,  they  had  no  ten- 
ants depending  on  them,  and  consequently  no  patronage. 
Still,  the  great  proprietors  south  of  the  Hudson  constituted 
a  su[)erior  class,  having  ideas  and  tastes  of  its  OAvn,  and 
forming  the  centre  of  political  action.  This  kind  of  aris- 
tocracy sympathized  with  the  body  of  the  people,  whose 
passions  and  interests  it  easily  embraced ;  but  it  was  too 
weak  and  too  short-lived  to  excite  either  love  or  hatred. 
This  was  the  class  which  headed  the  insurrection  in  the 
Soutli,  and  furnished  the  best  leaders  of  the  American 
Ke  volution. 

At  this  period,  society  was  shaken  to  Its  centre.  The 
people,  in  whose  name  the  struggle  had  taken  place,  con- 


wi' 


SOCLVL   CONDITION    OF   THE   ANGLO-AMKKICANS. 


50 


ceivod  the  desire  of  exercisinjj!;  the  authority  whieli  it  luid 
acquired ;  its  democratic  tendencies  were  awakened ;  and 
liavinc  tin-own  oiF  the  yoke  of  tlie  mother  country,  it  as- 
pired  to  independence  of  every  kind.  The  influence  of 
individuals  gradually  ceased  to  be  felt,  and  custom  and  law 
united  to  produce  the  same  result. 

But  the  law  of  inheritance  was  the  last  step  to  c(piality. 
I  am  surprised  that  ancient  and  modern  jurists  have  Jiot 
attributed  to  this  law  a  greater  influence  on  Innnan  ati'airs.* 

*  I  undprstaiul  hy  tlie  law  of  inlicritiuioe  iill  tliose  laws  wliosc  ])riii(i|ii>l 
object  it  is  to  vogulate  tlie  distril  iitiou  of  j)ro])('rty  after  tlio  ileatli  of  its 
owner.  Tlie  law  of  entail  is  ci  this  iiuiiilier ;  it  certainly  ])revents  the 
owner  from  (lis|)Osiiig  of  his  possessions  before  his  death  ;  hut  this  is  solely 
witli  the  view  of  preserving  them  entire  for  the  lieir.  'The  principal  object, 
therefore,  of  the  law  of  entail,  is  to  rcj;u!ate  the  descent  of  property  after  the 
death  of  its  owner :  its  other  provisions  are  merely  means  to  this  end. 

[\Ve  have  had  one  modern  jurist,  Daniel  Welister,  who  anticii)ated  l)e 
Tocqucville  in  pointing  out  the  i)n)iliL;ious  influence,  upon  so(  ial  and  politi- 
cal affairs,  of  laws  regulatinf;'  the  tenure  and  inheritance  of  property.  In  his 
oration  delivered  at  riymouth,  December  22,  1820,  Mr.  Webster  said:  "The 
character  of  the  jiolitical  institutions  of  New  England  was  determined  by 
the  fundamental  laws  respecting  property."  He  enumerated  the  abolition 
of  the  right  of  j)rimogeniture,  the  curtailment  of  entails,  long  trusts,  and 
other  processes  for  fettering  and  tying  up  lands,  and  the  facilities  offered  for 
the  alienation  of  estates  through  subjecting  them  to  every  species  of  debt, 
througli  i)ublic  registries  and  the  sini|ilicity  of  our  forms  of  conveyance,  as 
acts  which  "Ji.red  iJw  future  frmneiiiid  foi  ..  •  f  the  (jovernmmt ."  '  Tl.e  con- 
sequence of  all  these  causes,"  he  said,  "ha.-  '■ -^  <.\  a  L'rcat  subdivision  of  the 
soil  and  a  groat  equality  of  comlition,  —  the  Uiii'  bus!; ,  most  certainly,  of  a 
popular  government." 

In  alluding  to  the  law  in  France  which  r  nders  compulsory  an  equal  di- 
vision of  estates  on  the  death  of  the;"  owners,  jNLr.  'V  jbster  ventured  to 
predict  that,  "if  the  government  do  not  (hange  the  law,  the  law,  in  half 
a  century,  will  change  the  government;  aiul  this  change  will  ;:oc  be  in  favor 
of  the  ]K)wer  of  the  crown,  as  some  European  writers  have  supposed,  but 
against  it." 

This  remarkable  prophecy,  tittered  in  Deccml)cr,  1820,  was  fulfilled  first 
by  the  Revolution  of  July,  1830,  and  then,  iu  a  still  moie  nuvrked  degree,  by 
that  of  February,  1848.  —Am.  Ed.] 


(1  V 


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;,!  ■  .1 


iv. 


:lr 


60 


DEMOCRACY   IN   AMERICA. 


It  is  true  that  these  laws  helong  to  civil  affairs  ;  but  they 
f)un;lit,  nevertheless,  to  be  placed  at  the  head  of  all  political 
institutions ;  for  they  exercise  an  incredible  influence  upon 
the  social  state  of  a  people,  whilst  political  laws  only  show 
what  this  state  already  is.  They  have,  moreover,  a  sure 
and  uniform  manner  of  operating  upon  society,  affecting, 
as  it  were,  generations  yet  unborn.  Through  their  means, 
man  acquires  a  kind  of  pretern.itiu'al  poAver  over  the  future 
lot  of  his  fellow-creatures.  When  the  leo-islator  has  once 
regulated  the  law  of  inheritance,  he  may  rest  from  his  la- 
bor. The  machine  once  put  in  motion  will  go  on  i'or  ages, 
and  advance,  as  if  self-guided,  towards  a  point  indicated 
beforehand.  When  franu'd  in  a  })articular  manner,  this 
law  unites,  <lraws  together,  and  vests  property  and  power 
in  a  few  hands ;  it  causes  an  aristocracy,  so  to  speak,  to 
spring  out  of  the  ground.  If  formed  on  opposite  princi- 
ples, its  action  is  still  more  ra})id ;  it  divides,  distributes, 
and  disperses  both  property  and  power.  Alarmed  by  the 
rapidity  of  its  progress,  those  svho  despair  of  arresting  its 
motion  endeavor,  at  least,  to  obstruct  it  by  difficulties  and 
impediments.  They  vainly  seek  to  counteract  its  effect  by 
contrary  efforts ;  but  it  shatters  and  redur>es  to  powder 
every  obstacle,  imtil  we  can  no  longer  see  anything  bvit  a 
moving  and  imj>alpable  cloud  of  dust,  which  signals  the 
coming  of  the  Democracy.  When  the  laAv  of  inheritance 
permits,  still  more  wLon  it  decrees,  the  equal  division  of  a 
flither's  property  amxongst  all  his  children,  its  effects  are  of 
two  kinds :  it  is  important  to  distinguish  them  from  each 
other,  although  they  tend  to  the  same  end. 

In  virtue  of  the  law  of  partible  inheritance,  the  death  of 
every  proprietor  brings  about  a  kind  of  revolution  in  the 
property ;  not  only  do  his  possessions  change  hands,  but 
their  very  nature  is  altered,  since  they  are  parcelled  into 
shares,  which  become  smaller  and  smaller  at  each  division. 
Tills  is  the  direct,  and  as  it  were  the  physical,  effect  of  the 


Li    m- 


SOCIAL   CONDIIION    OF    TIIK    ANGLO-AMKIUCANS. 


01 


law.  It  fijllows,  tlion,  tlmt,  in  countries  wliero  equality  of 
inlieritanee  is  estal)lislied  by  law,  property,  and  especially 
landed  j)roperty,  nuist  constantly  tend  to  division  into 
smaller  and  smaller  })arts.  The  efiects,  however,  of  such 
leoislation  would  only  be  perceptible  after  a  lapse  of  time, 
if  the  law  were  abandcmed  to  its  own  workini"; ;  for,  su})- 
j)osin<i;  the  family  to  consist  of  on^y  two  children,  (and,  in 
u  country  peo])led  as  France  is,  the  averaf^e  niunber  is  not 
above  three,)  these  children,  sharing  among-st  them  the 
fortune  of  both  parents,  would  not  be  poorer  than  their 
father  or  mother. 

But  the  law  of  equal  division  exercises  its  influence  not 
merely  upon  the  property  itself,  but  it  affects  the  minds  of 
the  heirs,  and  brings  their  })assi(ms  into  ])lay.  These  indi- 
rect consequences  tend  powerfully  to  the  destruction  of 
large  fortunes,  and  especially  of  large  domains. 

Among  nations  whose  law  of  descent  is  founded  upon 
the  right  of  primogeniture,  landed  estates  often  pass  from 
ii'eneration  to  generation  without  underiioinii;  division,  — 
the  consequence  of  which  is,  that  family  feeling  is  to  a  cer- 
tain degree  incorporated  with  the  estate.  The  family  rep- 
resents the  estate,  the  estate  the  famil},  —  whose  name, 
together  with  its  origin,  its  glory,  its  poAver,  and  its  vir- 
tues, is  thus  perpetuated  in  an  imperishable  memorial  of 
the  ])ast  and  a  sure  pledge  of  the  future. 

When  the  equal  partition  of  property  is  established  by 
lav/,  the  intimate  (lonnection  is  destroyed  between  family 
feeling  and  the  preservation  of  the  paternal  estate ;  the 
})roperty  ceases  to  re})resent  the  family ;  for,  as  it  must 
inevitably  be  divided  after  one  or  two  generations,  it  has 
evidently  a  constant  tendency  to  diminish,  and  must  in  the 
end  be  completely  dispersed.  The  sons  of  the  great  land- 
ed proprietor,  if  they  are  few  in  number,  or  if  fortun 
befriends  them,  mav  indeed  entertain  the  hone  of  beins 
as  wealthy  as  their  father,  but  not  of  possessing  the  same 


w. 


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im 


■■i4 


C)2 


DEMornACY  IN  A:\rEnirA. 


property  that  lie  did  ;  tlit'ir  riclios  must  lie  coinpo'^ofl  of 
otlicr  olemiMits  than  liis.  Now,  as  soon  as  yon  dixcst  the 
land-owner  of  tliat  interest  in  tlie  preservation  of  liis  estate 
wliicli  lie  derives  from  assoeiation,  from  tradition,  and  from 
finiiily  pride,  you  may  he  certain  that,  sooner  or  later,  he 
will  disj)()se  of  it ;  for  there  is  a  strong  pecuniary  interest 
in  favor  of  sellino-,  ns  floating;  capital  produces  hio;her  inter- 
est than  real  property,  and  is  more  readily  available  to 
gratify  the  passions  of  the  moment. 

Great  landed  estates  which  have  once  been  divided 
never  come  together  again  ;  for  the  small  })roprietor  draws 
from  his  land  a  better  revenue,  in  proportion,  than  the 
large  owner  does  from  his ;  and  of  course,  he  sells  it  at  a 
higher  rate.*  The  calculations  of  gain,  therefore,  which 
decide  the  rich  man  to  sell  his  dovnnin,  will  still  more 
powerfully  influence  him  against  buying  small  estates  to 
unite  them  into  a  large  (me. 

What  is  called  family  pride  is  often  fmnded  upon  an 
illusi(m  of  selt-love.  A  man  wish  's  to  perpetuate  and  im- 
mortalize himself,  as  it,  were,  in  his  great-grandchildren. 
AVhere  family  pride  ceases  to  act,  individual  selHshness 
comes  into  play.  When  the  idea  of  family  becomes  vague, 
indeterminate,  and  uncertain,  a  man  thiidss  of  his  pivsent 
c(mvenience  ;  he  provides  for  the  establishment  of  his  next 
succeedin<r  ireneration,  and  no  more.  Either  a  man  n;ives 
up  the  idea  of  ])erpetuating  his  family,  or  at  any  rate,  he 
seeks  to  accomplish  it  by  other  means  than  by  a  landed 
estate. 

Thus,  not  only  does  the  law  of  partible  inheritance  ren- 
der it  difficult  for  families  to  })reserve  their  ancestral  do- 
mains entire,  but  it  deprives  them  of  the  inclination  to 
attempt  it,  an  I  <  ompels  them  in  some  measure  to  co-operate 


I:! ''I 


*  I  do  not  moiui  \o  isiiy  tliat  rJiK'  snifiil  proprietor  cultivatos  his  land  better, 
liiit  he  cultivates  it  with  more  ardor  auil  care  :  so  that  he  makes  uj)  hy  his 
lui)or  fur  his  want  ot  skill. 


1   «\. 


SOCIAL    ("oNDnioX    OF    TIIK    AXdI.o-AMKl.'ICANS. 


r,3 


with  tlio  law  ill  tlu'ir  own  extinction.  Tlic  law  of  equal 
flistril)iiti(»n  proccn-ds  l>y  two  inetliods :  Ity  actiiiii;  u})oii 
tliinii's,  it  acts  upon  persons ;  by  iuHiienciiiLi;  ])ersoiis,  it 
aft'ects  tliini^s.  By  both  these  means,  the  law  succeeds  in 
strikinu!;  at  the  root  of  landed  j)roperty,  and  disj)ersing  rap- 
idly both  families  and  fortunes.* 

Most  certainly  it  is  not  for  us,  Frenchmen  of  the  nine- 
teenth century,  who  daily  witness  the  ])olitical  and  social 
chaniies  which  the  law  of  partition  is  briiioino;  to  pass,  to 
question  its  influence.  It  is  perpetually  cons|»icuous  in  our 
country,  overthrowing  the  walls  of  our  dwelliuiis,  and  re- 
movinu!;  the  landmarks  of  our  fields,  liut  ahhouiih  it  has 
produced  great  effects  in  France,  much  still  remains  for 
it  to  do,  (^ur  recollections,  opinions,  and  habits  present 
powerful  obstacles  to  its  progress. 

In  the  United  States,  it  has  nearly  completed  its  work 
of  destruction,  and  there  we  can  best  study  its  results. 
The  English  laws  concerning  the  transmission  of  [)roi)erty 
were  abolished  in  almost  all  the  States  at  the  time  of  the 
Revolution.  The  law  of  entail  was  so  modified  as  not  ma- 
terially to  interrupt  the  free  circulation  of  })rf)perty.f  The 
first  generation  having  passed  away,  estates  began  to  be 
parcelled    out ;    and   the  change   became   more   and   more 

*  Liuid  lii'iiit;  tlio  most  stable  kind  of  projiorty,  we  find,  from  to  time, 
ricli  individuals  wlio  arc  disposed  to  iiuike  fiTcat  sacrifiees  in  order  to  ol>taiu 
it,  atid  who  willingly  forfeit  a  eonsiderahlc  jiart  of  tlieir  iiieome  to  make  sure 
of  the  rest.  But  these  are  accidental  cases.  The  ])refi'rei;ce  for  landed  prop- 
erty is  no  lonf!:cr  found  hahitually  in  any  class  hut  amoi  •••  the  poor.  The 
small  laud-owner,  who  has  less  information,  less  ima<iinatioi,,  and  fewer  pas- 
sions thati  the  ureat  one,  is  <renerally  occupied  with  the  d<iire  of  increasing 
his  estate  :  and  it  often  happens  that  by  iniieritance,  hy  marriaiic,  or  by  the 
clmTU'CS  of  trade,  he  is  <rrailually  furnished  with  the  means.  Tims,  to  balance 
the  tendency  which  leads  men  to  divide  their  estates,  there  exists  another, 
which  incites  them  to  add  to  them.  'JMiis  tendency,  which  is  suflicient  to  pre- 
vent estates  from  beinuj  divided  ad  injim'litm,  is  not  stpjiiir  enoui:h  to  create 
great  tei-ritorial  possessions,  certainly  not  to  keep  them  up  in  the  same  family. 

t  See  Ai)peudix  G. 


64 


DK.MOCUACY    IN    \MKKICA. 


■|  . 


'^\'^\ 


raj)iil  with  \]\v  |)i'();;res.s  of  time.  And  now,  after  a  lapse 
of  a  little  ni(jre  than  sixty  years,  the  asj)ect  of  society  is 
totally  altered  ;  the  fiunilies  of  the  great  landed  |)ropri(Jtors 
are  almost  all  eonnningled  with  the  general  mass.  In  the 
State  of  New  York,  which  formerly  contained  many  of 
these,  there  are  but  two  who  still  keep  their  heads  above 
the  stream  ;  and  they  nmst  shortJy  disappear.  The  sons 
of  these  opulent  citizens  have  become  mer'-hants,  lawyers, 
or  ])hysicians.  Most  of  them  have  lapsed  into  obscurity. 
The  last  trace  of  hereditary  ranks  and  distinctions  is  de- 
stroyed, —  the  law  of  partition  lias  reduced  all  to  one  level. 

1  do  not  mean  that  there  is  any  lack  of  wealthy  individ- 
uals in  the  United  States ;  I  know  of  no  country,  indeed, 
where  tlie  love  of  money  has  taken  stronger  hold  on  the 
affections  of  men,  and  where  a  profounder  contempt  is 
exj)ressed  for  the  theory  of  the  permanent  equality  of 
property.  But  Avealth  circulates  with  inconceivable  ra- 
pidity, and  experience  shows  that  it  is  rare  to  find  two 
succeeding  generations  in  the  full  enjoyment  of  it. 

This  picture,  which  may,  perhaps,  be  thought  to  be  over- 
charged, still  gives  a  very  im])erfect  idea  of  what  is  taki)ig 
place  in  the  new  States  of  the  West  and  Southwest.  At 
the  end  of  the  last  century,  a  few  bold  adventurers  began 
to  penetrate  into  the  valley  of  the  Mississipj)! ;  and  the 
mass  of  the  i)opulation  very  soon  began  to  move  in  that 
direction :  communities  nnheard  of  till  then  suddenly  ap- 
})eared  in  the  desert.  States  wdiose  names  were  not  in 
existence  a  few  years  before,  claimed  their  place  in  the 
American  Union ;  and  in  the  Western  settlements  we  may 
behold  democracy  arrived  at  its  utmost  limits.  In  these 
States,  founded  off-hand,  and  as  it  were  by  chance,  the 
inhal)itants  are  but  of  yesterday.  Scarcely  known  to  one 
another,  the  nearest  neio;libors  are  ijinorant  of  each  other's 

'  Oct 

history.     In  this  part  of  the  American  continent,  therefore, 
the  population  has  escaped  the  influence  not  only  of  great 


SOCIAL   CON'DITION   OF   TIIH    AXdl.O-AMKlMC.VNS. 


At 


lone 
ler's 

L-eat 


niinu's  and  ^ri'ut  wi'altli,  but  even  of  tlu'  nat\iral  aristocracy 
ot*  kiiowU'iliie  and  virtue.  Noni;  are  tlu're  aliK;  to  wield 
that  respectable  power  wliich  nieii  willingly  o;rant  to  tlio 
renieuibrauee  of  a  life  s[)ent  in  doin^  ^rood  befoi-e  their 
eyes.  The  new  States  of  the  West  are  already  inhabited ; 
but  society  has  no  existence  anion<^  them. 

It  is  not  only  the  fonunes  of  men  wliicli  are  equal  in 
America ;  even  tlieir  ac(|uirements  })artal<:e  in  some  degree 
of  the  same  nnitbrmity.  I  do  not  believe  that  there  is  a 
country  in  the  world  where,  in  jjroportion  to  the  p()[)ula- 
tion,  there  are  so  few  ignorant,  and  at  the  same  time  so 
few  learned,  individuals.  Primary  instruction  is  within  the 
reach  of  everybody ;  superior  instruction  is  scarcely  to  be 
obtained  by  any.*  This  is  not  surj)rising ;  it  is,  in  fact,  the 
necessary  consequence  of  what  we  have  advanced  above. 
Almost  all  the  Americans  are  in  easy  circumstances,  and 
can,  therefore,  obtain  the  first  elements  of  human  knowl- 
edge. 

In  America,  there  are  but  few  wealthy  persons ;  nearly 
all  Amci leans  have  to  take  a  profession.  Now,  every  [)ro- 
fession  requires  an  apprenticeslii[).  The  Americans  can 
devote  to  general  education  only  the  eai'ly  years  of  life. 
At  fifteen,  they  enter  upon  their  calJing,  and  thus  their 
education   generally  ends  at  the  age  wdien   ours  begins. f 

*  Tliis  was  au  cxaggoi'ated  statement  oven  wlieii  Dc  Tocqueville  wrote, 
tliirry  years  a<::o.  But  now,  in  tlie  Atlantic  States,  throuj^h  tlic  intluenee  of 
tlie  Universities  and  of  seientitic  ami  literary  associations,  there  are  prohalily, 
in  pr()]Mn'tion  to  the  population,  as  many  scholars,  men  nf  science,  and  high- 
ly educated  men,  as  in  any  country  of  Euro]»e. — A.'m.  Ed. 

t  Mcni!)ers  of  what  are  called  the  learned  professions  —  law,  physic,  and 
diviniiy  —  do  not  usually  begin  practice  in  .Vmerica  before  they  are  twenty- 
two  or  twenty-three  years  old.  The  average  age  of  the  graduates  of  Ameri- 
can Colleges  is  over  twenty  years,  and  two  or  three  years  after  graduation 
must  lie  devoted  to  professional  studies.  Boys  become  apprentices  to  the 
mechanic  trades,  it  is  true,  at  fourteen  years  ;  but  this  is  the  usual  age  for  tho 
beginning  of  apprenticeship  in  England  and  on  the  continent  of  Europe.    A8 

K 


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iu:m<»(racv  in  ami;im(ja. 


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i 


WIiMtc'ver  is  dono  af'tcrwiuvls  is  with  i  virw  to  some  special 
and  liicnitive  oljji'ct ;  a  science  is  taken  up  as  a  matter  of 
business,  and  the  only  branch  of  it  wliidi  is  attended  to  is 
sucli  as  admits  of  an  innnediatc;  [)ractical  a|>|)licatiuii. 

In  Ami'rica,  most  of  tlie  rich  men  were  formerly  i)oor; 
most  of  those  who  now  enjoy  leisure  were  absorbt-d  in 
business  (lurin<j;  their  youth ;  the  consequence  of  which  is, 
that,  when  they  mi<:;ht  have  had  a  taste  for  study,  they  had 
no  time  for  it,  and  when  the  time  is  at  their  dispi-  .d,  they 
have  no  longer  the  inclination. 

There  is  no  class,  then,  in  America,  '  Avliich  the  taste 
for  intellectual  pleasures  is  transmitted  with  here(htary  or- 
tune  and  leisure,  and  by  which  the  labors  c.  the  inti  ilect 
are  held  in  honor.  Accordinirly,  there  is  an  equal  want  of 
the  desire  and  the  power  of  aj)plication  to  these  ol)ject 

A  middlini;  standard  is  fixed  in  America  for  !  uman 
knowledge.  All  ajjproach  as  near  to  it  as  they  can  ;  some 
as  they  rise,  others  as  they  descend.  Of  course,  a  multi- 
tude of  persons  are  to  be  found  who  entertain  the  same 
number  of  ideas  on  religion,  history,  science,  political  econ- 
omy, legislation,  and  government.  The  gifts  of  intellect 
proceed  directly  from  God,  and  man  ctmnot  })revent  their 
unequal  distribution.  But  it  is  at  least  a  consecpience  of 
^^hul  we  have  just  said,  that  although  the  capacities  of 
men  are  different,  as  the  Creator  intended  they  should  be, 
Americans  find  the  means  of  putting  them  to  use  are  ecpial. 

In  America,  the  aristocratic  element  has  always  been 
feeble  from  its  birth ;  and  if  at  the  present  day  it  is  not 
actually  destroyed,  it  is  at  any  rate  so  completely  ilisabled, 
that  we  can  scarcely  assign  to  it  any  degree  of  influencf 
on  the  course  of  afiliir.'^. 

a  general  rule,  children  of  the  poorest  parents  are  not  compelled  to  begin 
hard  labor  at  so  early  an  age  in  the  United  States  as  in  Great  Britain.  De 
Tocquevillo's  statement  is  conliisod,  because  he  does  not  sufficiently  indicate 
which  "professions"  or  "callings"  he  is  speaking  of. — Am.  Ed. 


SOCIAL    LUNDIilON    01"    TllK    ANtil.O-A.MKlMr ANS. 


07 


Tilt'  (U'lnocriitii-  priiiciplt',  on  tlie  contrarv,  liii-;  nuiiu'd  so 
much  stivnu'tli  l»y  tiiiu-,  hy  events,  and  by  Iciiisliition,  as 
to  luivc  iK'coniu  not  only  jjivdoniinant,  l)nt  all-jiowert'id. 
Tlioiv  is  no  i'aniily  or  corporate  autliority,  and  it  is  rare  to 
finil  even  tiie  influence  of  individual  character  enjoy  any 
durability. 

.Vnierica,  tlien,  exhibits  in  her  social  state  an  extraor- 
dinary phenomenon.  Men  are  there  seen  on  a  «j;reater 
e(iuality  in  point  of  fortune  and  intellect,  or,  in  other 
words,  more  eipial  in  their  stren^'lh,  than  in  any  other 
country  of  the  world,  or  in  any  a^e-  of  whicli  history  luis 
preserved  the  remembrance. 


POLITICAL     CONSEQUENCES     OF    THE     SOCIAL    CONDITION     OP 
TIIE     ANGLO-AMERICANS. 


The  pohtical  consequences  of  such  a  social  condition  as 
this  are  easily  deducible. 

It  is  impossible  to  believe  that  equality  will  not  eventu- 
ally find  its  way  into  the  political  world,  as  it  does  every- 
where else.  To  conceive  of  men  remaining  forever  unecjual 
upon  a  single  point,  yet  ecjual  on  all  others,  is  impossible ; 
they  must  come  in  the  end  to  be  equal  upon  all. 

Now  I  know  of  (mly  two  methods  of  establishing  equality 
in  the  political  world  ;  every  citizen  must  be  put  in  posses- 
sion of  his  rights,  or  rights  must  be  granted  to  no  one. 
For  nations  which  are  arrived  at  the  same  stage  of  social 
existence  as  the  /V  nglo-Americans,  it  is,  theivfore,  very 
difficult  to  discover  a  medium  between  the  sovereignty  of 
all  and  the  absolute  power  of  one  man  :  and  it  would  be 
vain  to  deny  that  the  social  condition  which  I  ha\e  been 
describing  is  just  as  liable  to  one  of  these  conseipiences  as 
to  the  other. 

There  is,  in  fact,  a  manly  and  lawful  passion  for  eijuality 


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23  WEST  MAIN  STREET 

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DEMOCRACY    IN   AMKUICA. 


wliicli  incites  men  to  wisli  all  to  be  powerful  and  honored. 
This  passion  tends  to  elevate  the  humble  to  the  rank  of  the 
great ;  but  there  exists  also  in  the  human  heart  a  depraved 
taste  for  ecjuality,  which  imj)els  the  weak  to  attempt  to 
lower  the  })owerful  to  their  own  level,  and  reduces  men  to 
prefer  etpiality  in  slavery  to  inecpiality  with  freedom.  Not 
that  those  nations  whose  social  condition  is  democratic 
naturally  despise  liberty ;  on  the  contrary,  they  have  an 
instinctive  love  of  it.  But  liberty  is  not  the  chief  and 
"onstant  object  of  their  desires  ;  equality  is  iheir  idol :  they 
make  rapid  and  sudden  efforts  to  obtain  liberty,  and,  if  they 
miss  their  aim,  resic^n  themselves  to  their  disappointment ; 
but  nothing  can  satisfy  them  without  equality,  and  they 
would  rather  perish  than  lose  it. 

On  the  other  hand,  in  a  state  where  the  citizens  are  all 
nearly  on  an  e([uality,  it  becomes  difficult  for  them  to  pre- 
serve their  indej)enuence  against  the  aggressions  of  power. 
No  one  amono;  them  beinn;  stronfj  enouiih  to  eno-affe  in  the 
struiiixle  alone  with  advantage,  nothincj  but  a  general  com- 
bination  can  protect  their  liberty.  Now,  such  a  union  is 
not  always  possible. 

From  the  same  social  position,  then,  nations  may  derive 
one  or  the  other  of  two  great  political  results ;  these  re- 
sults are  extremely  different  from  each  other,  but  they  both 
proceed  from  the  same  cause. 

The  Ano;lo-Americans  are  the  first  nation  who,  havincp 
been  exposed  to  this  formidable  alternative,  have  been 
ha})py  enough  to  escape  the  dominion  of  absolute  power. 
They  have  been  allowed  by  their  circumstances,  their  ori- 
gin, their  intelligence,  and  especially  by  their  morals,  to 
c;stablish  and  maintain  the  sovereignty  of  the  people. 


i!! 


SOVKRLIGNTV    Ol"    TllK    i'KOl'Li:. 


uy 


CHAPTER    IV. 

THE   PRINCIPLE   OF  THE    SOVEKKKiNTY   OF   THE   PEOPLE   IN 

AMKP.ICA. 

It  predominates  over  the  whole  of  Society  in  America.  —  Application  made 
of  this  Principle  liy  the  Americans  even  liefore  their  Hcvointion.  —  De- 
velopment ^'iveii  to  it  l)y  that  Revolution.  —  Gradual  ami  irresistihle 
Extension  of  the  Elective  (Qualification. 


WHENEVER  tlie  political  laws  of  the  Unitotl  States 
are  to  be  discussed,  it  is  with  the  doctrine  of  the 
sovereignty  of  the  })eople  that  we  nuist  boifin. 

The  principle  of  the  sovereignty  of  the  peoj)le,  which  is 
always  to  be  found,  more  or  less,  at  the  bottom  of  almost 
all  human  institutions,  generally  remains  there  concealed 
from  view.  It  is  obeyed  without  being  recognized,  or  if 
for  a  moment  it  be  brought  to  light,  it  is  hastily  cast  back 
into  the  gloom  of  the  sanctuary. 

"  The  will  of  the  nation  "  is  one  of  those  phrases  which 
have  been  most  largely  abused  by  the  wily  and  the  despotic 
of  every  age.  Some  have  seen  the  expression  of  it  in  the 
purchased  suffrages  of  a  few  of  the  satellites  of  ])ower ; 
others,  in  the  votes  of  a  timid  or  an  interested  minority ; 
and  some  have  even  discovered  it  in  the  silence  of  a  j)eople, 
on  the  supposition  that  the  fact  of  submission  established 
the  right  to  command. 

In  America,  the  principle  of  the  sovereignty  of  the  peo- 
)»le  is  not  either  barren  or  concealed,  as  it  is  Avith  some 
other  nations ;  it  is  recognized  by  the  customs  and  pro- 
claimed by  ihe  laws ;  it  spreads  freely,  and  arrives  without 


i'     i' 

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iiii 


'Mi.i' 


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DF.MOCHACY   IN    AMKRICA. 


iin)ie(liiiuMit  at  its  most  remote  coii.soquonccs.  If  tliorc  be 
a  couiitrv  ill  the  world  -where  the  doctrine  ol'  the  sov- 
ereiixiity  of  tlie  people  can  be  fairly  appreciated,  where  it 
can  be  studied  in  its  a])plication  to  the  affairs  of  society, 
and  where  its  dangers  and  its  advantages  may  be  judged, 
that  country  is  assuredly  America. 

I  have  already  observed  that,  from  their  origin,  the  sov- 
ereignty of  the  j)eople  was  the  fundamental  j)rinci])le  of 
most  of  the  British  colonies  in  America.  It  was  far,  how- 
ever, from  then  exercising  as  much  influence  on  the  gov- 
ermnent  of  society  as  it  now  does.  Two  obstacles  —  the 
one  external,  the  other  internal  —  checked  its  invasive 
progress. 

It  could  not  ostensibly  disclose  itself  in  the  laws  of  col- 
onies which  were  still  constrained  to  obey  the  mother 
country ;  it  w  as  therefore  obliged  to  rule  secretly  in  the 
])rovincial  assemblies,  and  especially  in  the  townshi})s. 

American  society  at  that  time  was  not  yet  pre])ared  to 
ado})t  it  with  all  its  consequences.  Intelligence  in  New 
England,  and  wealth  in  the  country  to  the  south  of  the 
Hudson,  (as  I  have  shown  in  the  preceding  chapter,)  long 
exercised  a  sort  of  aristocratic  influence,  which  tended  to 
keep  the  exercise  of  social  power  in  the  hands  of  a  few. 
Not  all  the  public  functionaries  were  chosen  by  })opular 
vote,  nor  were  all  the  citizens  voters.  The  electoral  fran- 
chise was  everywhere  somewhat  restricted,  and  made  de- 
})endent  on  a  certain  qualification,  which  was  very  low  in 
the  North,  and  more  considerable  in  the  South. 

The  American  Revolution  broke  out,  and  the  doctrine 
of  the  sovereignty  of  the  ]>eo[)le  came  out  of  the  townships, 
and  took  possession  of  the  State.  Every  class  was  enlisted 
in  its  cause ;  battles  were  fought  and  victories  obtained  for 
it ;  it  became  the  law  of  laws. 

A  change  almost  as  rapid  was  effected  in  the  interior  of 
society,  where  the  law  of  inheritance  completed  the  abo- 
lition of  local  influences. 


SOVERKIGXTY   OF   TIIK   rr.OPLE. 


71 


As  soon  as  this  vfiWt  of  the  laws  and  of  the  Ri'voliition 
bc'canu'  ajuiaivnt  to  every  eye,  victory  was  irrevocably  i)ro- 
noiinced  in  fiivor  of  the  deinocntic  canse.  All  j)ower  was, 
in  fjict,  in  its  hands,  and  resistance  was  no  longer  j»ossible. 
The  higher  orders  submitted  without  a  nun'nnn*  and  with- 
out a  struggle  to  an  evil  which  was  thenceforth  inevitable. 
The  ordinary  fate  of  falling  powers  awaited  them  :  each  of 
their  members  followed  his  own  interest ;  and  as  it  was 
impossible  to  wring  the  power  from  the  hands  of  a  peo[)lo 
Avhom  they  did  not  detest  sufficiently  to  brave,  their  only 
aim  was  to  secure  its  good-will  at  any  price.  The  most 
democratic  laws  were  consequently  voted  by  the  very  men 
whose  interests  they  imi)aired :  and  thus,  although  the 
higher  classes  did  not  excite  the  })assions  of-  the  people 
against  their  order,  they  themselves  accelerated  the  tri- 
umph of  the  new  state  of  things  ;  so  that,  by  a  singular 
change,  the  democratic  impulse  was  found  to  be  most  irre- 
sistible in  the  very  States  where  the  aristocracy  had  the 
firmest  hold.  The  State  of  Maryland,  which  had  been 
founded  by  men  of  rank,  was  the  first  to  proclaim  univer- 
sal suffrage,  and  to  introduce  the  most  democratic  forms 
into  the  whole  of  its  oovernment. 

When  a  nation  begins  to  modify  the  elective  qualifica- 
tion, it  may  easily  be  foreseen  that,  sooner  or  later,  that 
qualification  will  be  entirely  abolished.  There  is  no  more 
invariable  rule  in  the  history  of  society :  the  further  elec- 
toral rights  are  extended,  the  greater  is  the  need  of  extend- 
ing them  ;  for  after  each  concession  the  strength  of  the 
democracy  increases,  and  its  demands  increase  with  its 
strength.  The  ambition  of  those  who  are  below  the  ap- 
pointed rate  is  irritated  in  exact  proportion  to  the  great 
number  of  those  who  are  above  it.  The  exception  at  last 
becomes  the  rule,  concession  follows  concession,  and  no 
stop  can  be  made  short  of  universal  suffrage.* 

*  See  Appendix  H. 


72 


Dr.MOClIACV    IN    AMKiaCA. 


At  tlio  present  day  tlic  j)rinc'iple  of  tlic  sovori'ignty  of 
the  })(.'oj)lu  lias  actjiiiivd,  in  the  Unitid  States,  all  the  j)rac- 
tieal  (levi'lopinent  which  the  imaoinatioii  can  c(niceive. 
It  is  unencumbered  hy  those  fictions  which  are  tlu'own 
over  it  in  other  countries,  and  it  appears  in  every  possible 
form,  according  to  the  exigency  of  the  occasion.  Some- 
times the  laws  are  made  l»y  the  people  in  a  body,  as  at 
Athens  ;  and  sometimes  its  representatives,  chosen  by  uni- 
versal suffrage,  transact  business  in  its  name,  and  under  its 
innnediate  su})ervision. 

In  some  countries,  a  poAvor  exists  "which,  though  it  is  in 
a  degree  foreign  to  the  social  body,  directs  it,  and  forces  it 
to  pursue  a  certain  track.  In  others,  the  ruling  force  is 
divided,  being  })artly  within  and  })artly  without  the  ranks 
of  the  people.  l]ut  nothing  of  the  kind  is  to  be  seen  in 
the  United  States ;  there  society  governs  itself  for  itself. 
All  power  centres  in  its  bosom;  and  scarcely  an  individual 
is  to  be  met  with  who  would  venture  to  conceive,  or,  still 
less,  to  express,  the  idea  of  seeking  it  elsewhere.  The 
nation  participates  in  the  making  of  its  laws  by  the  choice 
of  its  leiii slaters,  and  in  the  execution  of  them  bv  the 
choice  of  the  agents  of  the  executive  government ;  it  may 
almost  be  said  to  govern  itself,  so  feeble  and  so  restricted 
is  the  share  left  to  the  administration,  so  little  do  the  au- 
thorities forget  their  po})ular  origin  and  the  power  from 
which  they  emanate.  The  people  reign  in  the  American 
political  world  as  the  Deity  does  in  the  universe.  They 
are  the  cause  and  the  aim  of  all  things  ;  everything  comes 
from  them,  and  everything  is  absorbed  in  them. 


;i;::.i:.l::i 


'i      ,■  ,1 


EXAMINATION   OF   THK   CONDITION   OF   TIIF.   STATKS.       73 


CHAPTER    V. 


NECESSITY   OF   EXAMINING   THE   CONDITION   OF   THE   STATES 
BEFORE   THAT   OF   THE   UNION   AT   LARGE. 


IT  is  proposed  to  examine,  in  the  foUowinn;  chapter,  what 
is  tlie  form  of  o;overnment  estahhslied  in  America  on 
the  principle  of  tlie  sovereiomty  of  the  peo})le ;  wliat  are 
its  means  of  action,  its  liindrances,  its  advanta<2;es,  and  its 
dangers.  The  first  difficnlty  which  presents  itself  arises 
from  the  complex  natnre  of  the  Constitution  of  the  United 
States,  which  consists  of  two  distinct  social  structures,  con- 
nected, and,  as  it  were,  encased  one  within  the  other ;  two 
governments,  completely  separate  and  almost  independent, 
the  one  fulfilling  the  ordinary  duties,  and  responding  to  the 
daily  and  indefinite  calls,  of  a  comminiity,  the  other  cir- 
cumscribed within  certain  limits,  and  only  exercising  an 
exceptional  authority  over  the  general  interests  of  the 
country.  In  short,  there  are  twenty-four  small  sovereign 
nations,  whose  agglomeration  constitutes  the  body  of  the 
Union.  To  examine  the  Union  before  we  have  studied 
the  States,  would  be  to  adopt  a  method  filled  with  ob- 
stacles. The  form  of  the  Federal  Government  of  the 
United  States  was  the  last  to  be  adopted ;  and  it  is  in  fact 
nothing  more  than  a  summary  of  those  republican  prin- 
ciples which  were  current  in  the  whole  community  before 
it  existed,  and  independently  of  its  existence.  ]\Ioreover, 
the  Federal  Government  is,  as  I  have  just  observed,  the 
exception  ;  the  government  of  the  States  is  the  rule.  The 
author  who  should   attempt   to   exhibit   the  pictmvi  as  a 


I'f 


II 


74 


DKMOCUACV    IN    A.MKHICX. 


(  :         « 


whole,  liL'fort'  lie  liad  cxidaiiu'd  its  details,  would  necessa- 
rily (iill  into  ol)si('urity  and  repetition. 

The  <rreat  politieal  ))nnci))les  which  now  fjovern  Ameri- 
can society  undoubtedly  took  their  oi'i^in  and  their  <j;rowth 
in  the  State.  AV'^e  nuist  know  the  St  >te,  then,  in  order  to 
o;ain  a  clew  to  the  n-st.  The  States  which  now  compose 
the  American  Union  all  present  the  same  features,  as  I'ar  as 
regards  the  external  aspect  of  their  institutions.  Their 
])olitical  or  administrative  life  is  centred  in  three  focuses 
of  action,  which  may  he  comi)ared  to  the  different  nervous 
ci'ntres  which  give  motion  to  the  human  body.  The  town- 
ship is  the  first  hi  order,  then  the  county,  and  lastly  the 
State. 

THE    AMERICAN    SYSTEM    OF    TOWNSHIPS.* 

Why  the  Author  begins  the  Examiiuition  of  tlie  Political  Institutions  with 
the  Township.  —  Its  Existence  in  all  Nations.  —  Ditliculty  of  cstahlishing 
and  preserving  Municipal  Independence.  —  Its  Importance.  —  Why  the 
Autlior  has  selected  tlic  Townsliip  System  of  New  England  as  the  mala 
Topic  of  Ids  Discussion. 

It  is  not  undesignedly  that  I  begin  this  subject  with  the 
Township.  The  village  or  township  is  the  only  association 
which  is  so  perfectly  natiu'al,  that,  wherever  a  number  of 
men  are  collected,  it  seems  to  constitute  itself. 

The  town  or  tithing,  then,  exists  in  all  nations,  whatever 
their  laws  and  customs  may  be :  it  is  man  who  makes  mon- 
archies and  establishes  republics,  but  the  township  seems  to 

*  It  is  by  this  periphrasis  that  I  attempt  to  render  the  French  expressions 
Commune  and  Si/sthne  Communal.  I  am  not  aware  that  any  English  word 
l)recisely  corresponds  to  tiic  general  term  of  the  original.  In  France,  every 
association  of  human  dwellings  forms  a  commune,  and  cvciy  commune  is  gov- 
erned by  a  Maire  and  a  Conscil  vmnicipal.  In  other  words,  the  vmncipium, 
or  mutiicipal  privilege,  which  belongs,  in  England,  to  chartered  corporations 
alone,  is  alike  extended  to  every  commune  into  which  the  cantons  and  depart- 
ments were  divided  at  the  Revolution.     Theuce  the  different  applicatiou  of 


TOWNSllIl'S   ANU    MlNIta'AL    llODIlvS. 


75 


come  (llri'c'tlv  iVoin  the  luuul  of  God.     But  altli()u<rli  tlie 
oxistoiice  of  till'  towiisliip  is  coeval  with  that  of  man,  its 
froc'doin  is  an  iiifri'([iuMit  and  fragile  tiling.     A  nation  can 
always  I'stahlish  ^ivat  ])olitical  assemblies,  because  it  habit 
ualiy  contains   a  certain   number  of  individuals   fitted   by 
tlu'ir  talents,  if  not  by  their  habits,  for  the  direction  of 
affairs.     The  township,  on  the  contrary,  is  composed  of 
coarser  materials,  which  are  less  easily  fashioned   by  the 
li'^islator.     The  difficulty  of  estal)lishing  its  indepciulence 
rather  aujiments  than  diminishes  with  the  increasino;  intelli- 
gence  of  the  people.     A  higldy  civilized  conmuuiity  can 
hardly   toh  rate  a  local   independence,   is   disgusted  at  its 
numerous  blunders,  and  is  apt  to  despair  of  success  before 
the  experiment  is  completed.     Again,  the  immunities  of 
townshii)s,  which  have  been  obtained  with  so  much  diffi- 
culty, are  least  of  all  protected  against  the  encroachments 
of  till!    supreme   power.      They  are   unable   to    struggle, 
single-handed,  against  a  strong  and  enterprising  govern- 
ment, and  thev  cannot  defend    themselves    with    success 
unless  they  are  identified  with  the  customs  of  tlie  nation 
and  supported  by  ])ublic  opinion.     Thus,  until  the  inde- 
pendence of  townships  is  amalgamated  with  the  manners 
of  a  people,  it  is  easily  destroyed ;  and  it  is  only  after  a 
lonn  existence  in  the  laws  that  it  can  be  thus  amaljxamato^.. 
IMunicipal  freedom  is  not  the  fruit  of  human  efforts ;  it  is 
rarely  created  by  others ;  but  is,  as  it  were,  secretly  self- 
ju'oduced  in  the  midst  of  a  semi-barbarous  state  of  society. 
The  constant  action  of  the  laws  and  the  national  habits, 

the  exi)rcssion,  which  is  general  in  one  country  and  restricted  in  the  other. 
In  America,  the  counties  of  the  Northern  States  are  divided  into  townships, 
those  of  the  Soutlicrn  into  parishes ;  besides  which,  nninicipal  bodies,  bear- 
ing the  name  of  corporations,  exist  as  cities.  I  shall  ai)ply  these  several 
expressions  to  render  the  term  commune.  The  word  "  parish,"  now  com- 
monly used  in  England,  belongs  exclusively  to  the  ecclesiastical  division ; 
it  denotes  the  limits  over  which  a  parson's  {persona  ecclmm,  or  perhaps  parO' 
diianus)  rights  extend.  —  Translator's  Note. 


)!': 


I 

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3 

;  '. 

;  ■ 

■; 

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'  ^1 

; 

H 

Kn 

76 


Dr.MocnAcv  in  amkhica. 


r.    I 


U. 


jK'culinr  circmnstaMci's,  mikI,  aliovc  all,  time,  mnv  oonsoli- 
(liitc  it;  luit  tlicrc  is  ci-rtiiinly  no  iiutioii  on  tiio  continent 
of  lOnropc  wliicli  lias  experienced  its  advantages.  Vet  inu- 
iiicipal  institntions  constitute  the  strenii;tli  of  tree  nations. 
To\vn-nieetin;;s  an*  to  lihiTty  what  primary  schools  are  to 
science;  they  hrin^-  it  within  the  pei)ple's  reach,  they  teach 
men  how  to  use  and  how  to  enjoy  it.  A  nation  mav  estaln 
lish  a  tree  ^((vernment,  hut  without  municipal  institutions, 
it  caniu>t  havi'  the  spirit  of  liherty.  'i'ransient  passions, 
till'  interests  of  an  hour,  or  the  chance  of  circumstances, 
may  create  the  external  forms  of  independence ;  hut  the 
despotic  tendency  which  has  l)een  driven  into  the  interior 
of  the  social  system,  will,  sooner  or  later,  reap[)ear  on  the 
surfiicc. 

To  make  the  reader  undi-rstand  the  n;eneral  principles 
on  which  the  ])olitical  oryani/ation  of  the  counties  and 
townshii)s  in  the  United  States  rests,  I  have  thought  it 
expedient  to  choose  oni'  of  the  States  of  New  En<j;land  as 
an  exami)le,  to  examine  in  detail  the  mechanism  of  its 
constitution,  and  then  to  cast  a  general  glance  over  the 
rest  of  the  country. 

The  township  and  the  connty  are  not  organized  in  the 
same  manner  in  every  part  of  the  Union ;  it  is  easy  to 
perceive,  however,  that  nearly  the  same  principles  have 
ijuided  the  formation  of  both  of  them  throuiihout  the 
Union.  I  am  inclined  to  believe  that  these  principles 
have  been  carried  furtlier,  and  have  produced  greater 
results,  in  New  England  than  elsewhere.  Conseipiently, 
they  stand  out  tliere  in  higher  relief,  and  offer  greater 
facilities  to  the  observations  of  a  stranger. 

The  township  institntions  of  New  England  form  a  com- 
plete and  regular  whole  ;  they  are  old ;  they  have  the 
suj)})ort  of  the  laws,  and  the  still  stronger  snp[)ort  of  the 
manners  of  the  community,  over  which  they  exercise  a 
prodigious  influence.  For  all  these  reasons,  they  deserve 
our  special  attention. 


TOWNSIIII'S    AND   Ml  NK'II'AI,    UODIKS.  «7 

MMITS    OF    Tin;    TOWNSHIP. 

TilF.  townsliip  of  Xcw  Iji<;1jim(1  holds  a  middle  placo  be- 
tween the  foiiuimm'  mid  the  ruiihiH  of  Fraiici'.  Its  avcriiii*' 
population  is  irom  two  to  tlirec  thousand  ;  *  so  that  it  is 
not  so  Iar<i;i',  on  the  one  hand,  that  the  interi'sts  of  its  in- 
liahitants  would  lu*  likely  to  conflit-t,  and  not  so  small.  <>u 
the  other,  hut  that  mi'U  cajtahle  of  conduetin*;  its  atl'airs 
may  always  he  I'ound  amon;^;  its  citi/.ens. 


the 

to 

lavo 

tllG 

des 
ater 

'tly, 

ater 

om- 
the 
tlio 
e  a 

trve 


POWERS    OF    TFIF,    TOWN'SJllP    I\    NKW    ENGLAND. 

Tlie  I'coitlc  till"  Source  iif  all  Power  in  tlii'  Towiisliip  iis  rlM-wlierc.  —  Miin- 
iifit's  its  o-.vii  AHiiJrs.  —  \o  Miiiii('i|iiil  ( 'oiiiirjl.  —  The  ^retitc'r  Part  of  tlic 
Aiitliority  vested  in  tlie  Selectiiieii. —  How  the  Seleetiiieii  act.  — 'I'owii- 
Meetin;:.  —  Kmiiiieratioii  of  the  Ollieers  of  the  'lownship.  — Ohiipitory 
mill  reimineratetl  Fimetioiis. 

In  the  township,  as  wcW  as  ovcrywhero  else,  the  jteople 
are  the  source  of  power;  but  nowhere  do  they  exercise  their 
j)ower  more  immediately.  In  America,  the  i)eoj)le  i'orm  a 
master  wlio  must  he  oheyed  to  the  utmost  limits  of  j)()ssihility. 

In  New  England,  the  majority  act  l)y  representatives  in 
conductin*;  the  <>eneral  business  of  the  State.  It  is  neces- 
sary  that  it  should  be  so.  But  in  the  townships,  where  the 
leiiislative  and  administrative  action  of  the  government  is 
nearer  to  the  <foverned,  the  system  of  rej)resentation  is  not 
adopted.  There  is  no  municij)al  council  ;  but  the  body  of 
voters,  after  ]iavin<i;  chosen  its  maiiistrates,  directs  them  in 
everythiner  that  exceeds  the  simple  and  ordinary  execution 
of  the  laws  of  the  State.f 

*  In  1S.30  there  were  805  towiisliips  in  the  State  of  Massachusetts,  and 
610,014  inhabitants  ;  wliich  j^ives  an  averap;e  of  about  2,000  inliahitants  to 
each  townsliip.  [Some  liave  over  10,000  inliahitants  each,  and  some  have 
less  tlian  500.  —  Am.  Ed.] 

t  The  same  rules  are  not  applicable  to  the  cities,  which  generally  have  a 


II 


lii 


1 14- 


78 


DDMOCIJACV    IN    AMKIMCA. 


Tlii^  stntc  (»r  tliiiiiis  Is  so  contniry  to  our  I(l«'ns,  mikI 
so  diircrciit  from  our  ciistoins,  that  I  niiist  fiirnisli  some 
•'Xiunjtli's  to  immInc  it  iiitclliiiihli'. 

Tlic  j)ul)Ii('  (Intii's  ill  tlio  townsliip  arc  oxtrcincly  nuTnor- 
0U8,  and  nilmitciv  divided,  as  wv  sliall  sco  fiirtlicr  (»ii  ;  l)ut 
most  of  tlic  administrative  ])ower  is  vested  in  a  lew  j)er- 
sons,  rliosen  annually,  cailefl  "  tlio  Selectmen."* 

The  ijeneral  laws  of  tlu;  State  im|)ose  certain  duties  on 
the  selectineti,  which  they  may  fulHI  without  the  authority 
of  their  townsmen,  hut  wiiich  thev  can  ni'iilect  oidv  on 
their  own  responsihility.  The  State  law  re(|uires  them,  for 
instance,  to  di'aw  u]»  the  list  of  voters  in  their  townships  ; 
and  if  they  omit  this  duty,  they  arc  fi'uilty  of  a  misde- 
meanor. In  all  the  alfairs,  however,  which  are  voted  in 
town-meetinn;,  the  selectmen  carry  into  efiect  the  popular 
mandate,  as  in  Fi'ance  the  Maire  executes  the  decree  of 
the  municij)al  council.  They  usually  act  ui)on  their  own 
responsihility,  and  merely  ])ut  in  practice  ])rinciples  which 
have  heen  ])revionsly  recoouized  by  the  majority.  I>ut  if 
they  wish  to  make  any  chanjie  in  the  existini;  state  of 
things,  or  to  undertake  any  new  enter] )rise,  they  nmst  re- 
fer to  the  source  of  their  power.  If,  for  instance,  a  school 
is  to  be  established,  the  selectmen  call  a  meetino;  of  the 
voters  on  a  certain  day,  at  an  a])j)ointed  place.  They 
ex]>lain  the  urfrency  of  the  case  ;  they  make  known  the 
means  of  satisfying  it,  the  probable  expense,  and  the  site 
which  seems  to  be  most  favorable.     The  meetino;  is  con- 

iimyor,  and  a  corporation  divided  into  two  l)odies  ;  this,  however,  is  an  ex- 
ception wiiiili  retpiires  the  sanction  of  a  hiw.  —  Sec  tlie  Act  of  the  2:2d 
Feliruary,  1822,  re}i:ulating  tlie  jxnvers  of  tlic  city  of  IJoston.  It  frcqnently 
happens  that  small  towns,  as  well  as  cities,  are  suhject  to  a  peculiar  adminis- 
tration. In  1832,  104  townships  in  the  State  of  New  York  were  governed 
in  this  numncr.  —  U7///(j/«a''s  Rci/istcr. 

*  Three  selectmen  are  apjjointed  in  the  small  townships,  and  nine  in  the 
large  ones.  —  See  "  The  Town  Officer,"  p.  186.  Sec  also  the  Revised  Stat- 
utes of  Massachusetts. 


'1 


TOWNSHIPS   AND    MINFCIIVM,   nODIKS. 


79 


suited  »»n  tliosc  scvorul  points  ;  it  !i(l(»|>ts  tlic  ]»i'incij>lt', 
marks  out  tlu'  sito,  votes  the  tax,  and  confides  tlu"  execu- 
tion of  its  resolution  to  the  seK'ctnu'U. 

The  selectnu'U  alone  have  the  ri<jht  ^A'  calling  n  towu- 
meetinir;  hut  thev  nia\  he  nMiuired  to  do  so.  It'  tcii 
citizens  wish  to  suhniit  a  new  |»roject  to  the  assent  of  the 
town,  thev  may  demand  si  town-meetine; ;  the  si'Iectmeii 
nri'  ol)li;j;ed  to  comj)ly,  and  have  only  the  ri«j;ht  of  ]tre>idinif 
at  the  meetiiif:;.  These  jxditical  forms,  thesi'  social  cus- 
toms, doid)tU'ss  seem  stran<j;e  to  us  in  Fi-ance.  I  do  not 
here  undertake  to  Jud^e  tht-m,  or  to  make  known  the  secret 
causes  by  which  they  are  jtroduced  and  maintained.  I 
only  descrihe  them. 

The  selectmen  arc  elected  every  yi'ar,  in  the  month 
of  March  or  April.  The  town-meeting  chooses  at  the 
same  time  a  multitude  of  other  town  ofHcers,  who  are 
intrusted  with  important  administrative  functions.  Tlu; 
assessors  rate  the  townshij) ;  the  collectors  receive  th(>  tax. 
A  constable  is  ap])ointetl  to  keep  the  peace,  to  wtitch  the 
streets,  and  to  execute  the  laws  ;  the  town  cli'rk  records 
the  town  votes,  orders,  and  f^rants.  The  treasurer  keeps 
the  funds.  The  overseers  of  the  poor  pei*forui  the  difKcult 
task  of  carrying  out  the  poor-laws.  Committee-men  aro 
appointed  to  attend  to  the  schools  and  public  instruction  ; 
and  the  surveyors  of  hio;hwavs,  who  take  care  of  the 
greater  and  lesser  roads  of  the  township,  complete  the  list 
of  the  principal  functionaries.  But  there  are  other  petty 
officers  still  ;  such  as  the  parish-committee,  who  audit  the 
expenses  of  public  worship ;  fire-wards,  who  direct  the 
efforts  of  the  citizens  in  case  of  fire  ;  tithinij-men,  hoix- 
reeves,  fence- viewers,  timber-measurers,  and  sealers  of 
weifflits  and  measures.* 

*  All  these  magistrates  actually  exist ;  their  different  functions  are  all 
detailed  in  a  hook  ealled  "  The  Town  Officer,"  by  Isaac  Goodwin,  (Wor- 
cester, 1827,)  and  in  the  Revised  Statutes. 


■■]•' 


V- 


ii 


m  i^i 


t 


■i  :':! 


iU 

1  i 

:| 

1 1 

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H 

i 

H 

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1 

f 

If' 

!     i  • 


80 


DEMOCRACY   IX    AMKltlCA. 


Tliciv  arc,  in  all,  iiinctoon  jji'i'iicipal  offices  in  a  township. 
Every  inhabitant  is  constrained,  on  the  i)ain  of  beinj^  fined, 
to  undertake  these  different  functions  ;  which,  however,  are 
almost  all  })aid,  in  order  that  the  })oorer  citiy.ens  may  give 
time  to  them  without  loss.*  In  general,  each  official  act 
has  its  price,  and  the  officers  are  remunerated  i.i  proportion 
to  what  they  have  done. 

LIFE    IX    THE    TOWNSHIP. 

Every  one  the  best  Judge  of  his  own  Interest.  —  Corollary  of  the  Princi- 
ple of  tiie  Sovereignty  of  tlie  People.  —  Aj)plioation  of  these  Doetrines 
in  the  To\\iisliips  of  America.  —  Tlic  Townsiiii)  of  New  England  is  Sov- 
ereign in  all  that  ooneerns  itself  alone,  and  Sulyect  to  the  State  in  all 
other  Matters.  —  Duties  of  the  Township  to  the  State.  —  In  France,  the 
Government  lends  its  Agents  to  the  Commune.  —  In  America,  it  is  the 
reverse. 

I  HAVE  already  observed,  that  the  principle  of  the  sov- 
ereignty of  the  people  governs  the  whole  political  system 
of  the  Anglo-Americans.  Every  page  of  this  book  will 
afford  new  applications  of  the  same  doctrine.  In  the  na- 
tions by  which  the  sovereignty  of  the  people  is  recognized, 
every  individual  has  an  equal  share  of  power,  and  })artici- 
pates  equally  in  the  government  of  the  state.  Why,  then, 
does  he  obey  the  government,  and  what  are  the  natural 
limits  of  this  obedience  ?  Every  individual  is  always  sup- 
posed to  be  as  well  informed,  as  virtuous,  and  as  strong  as 
any  of  his  fellow-citizens.  He  obeys  the  government,  not 
because  he  is  inferior  to  those  who  conduct  it,  or  because 
he  is  less  capable  than  any  other  of  governing  himself; 
but  because  he  acknowledges  the  utility  of  an  association 
with  his  fellow-meri,  and  he  knows  that  no  such  association 
can  exist  without  a  regulating  force.     He  is  a  subject  in  all 

*  This  is  an  en-or  :  most  of  then  are  performed  gratuitously  ;  and  when 
pay  is  given,  it  is  so  small  as  to  be  almost  nominal.  —  Am.  Ei>. 


TOWNsmrs  and  muxicital  hodiks. 


81 


kvhcn 


that  conconis  tlio  duties  of  citizens  to  Oiicli  otlior  ;  he  is  free, 
mid  responsible  to  (rod  alone,  for  all  that  concerns  himself. 
Hence  arises  the  maxim,  that  every  one  is  the  best  and  sole 
judiie  of  his  own  })rivate  interest,  and  that  society  has  no 
right  to  control  ;)  man's  actions,  unless  they  are  prejudicial 
to  the  common  weal,  or  unless  the  common  weal  demands 
liis  help.  This  doctrine  is  universally  admitted  in  the 
United  States.  I  shall  hereafter  examine  the  general  in- 
fluence which  it  exercises  on  the  ordinary  actions  of  life : 
I  am  now  speaking  of  the  municipal  bodies. 

The  township,  taken  as  a  whole,  and  in  relation  to  the 
central  government,  is  only  an  individual,  like  any  other 
to  whom  the  theory  I  have  just  described  is  applicable. 
Municipal  independence  in  the  United  States  is,  .therefore, 
a  natural  consecpience  of  this  very  principle  of  the  sov- 
ereignty of  the  people.  All  the  American  republics  rec- 
ognize it  more  or  less ;  but  circumstances  have  peculiarly 
favored  its  growth  in  Xew  Eiiixland. 

In  this  part  of  the  Union,  political  life  had  its  origin  in 
the  townships  ;  and  it  may  almost  be  said  that  each  of 
them  originally  formed  an  independent  nation.  When  the 
kings  of  England  afterwards  asserted  their  supremacy,  they 
were  content  to  assume  the  central  power  of  the  state. 
They  left  the  townshi))s  where  they  were  before  ;  and 
although  they  are  now  sul)Ject  to  the  state,  they  were 
not  at  first,  or  were  hardly  so.  They  did  not  receive 
their  powers  from  the  central  authority,  but,  on  the  con- 
trary, they  gave  up  a  portion  of  their  inde})endence  to  the 
state.  This  is  an  important  distinction,  and  one  which 
the  reader  must  constantly  recollect.  The  townships  are 
generally  subordinate  to  the  state  only  in  those  interests 
which  I  shall  term  social,  as  they  are  common  to  all  the 
others.  They  are  independent  in  all  that  concerns  them- 
selves alone  :  and  amongst  the  inhabitants  of  Xew  England, 
I  believe  that  not  a  man  is  to  be  found  who  would  acknowl- 

4*  F 


I 


1« 


-41 


82 


DEMOCRACY    IN    AMERICA. 


edrro  that  the  state  lias  any  rio;ht  to  interfere  in  their  town 
affairs.  Tlie  towns  of  New  England  bny  and  sell,  prose- 
cute or  are  indicted,  augment  or  diminish  their  rates,  and 
no  administrative  authority  ever  thinks  of  offering  any 
opposition. 

There  are  certain  social  duties,  however,  which  they  are 
hound  to  fulfil.  If  the  State  is  in  need  of  money,  a  town 
cannot  withhold  the  supplies  ;  if  the  State  projects  a  road, 
the  township  cannot  refuse  to  let  it  cross  its  territory ;  if  a 
police  regulation  is  made  by  the  State,  it  must  be  enforced 
by  the  town  ;  if  a  uniform  system  of  public  instruction  is 
enacted,  every  town  is  bound  to  establish  the  schools  which 
the  law  ordains.  "When  I  come  to  speak  of  the  administra- 
tion of  the  laws  in  the  United  States,  I  shall  point  out  how, 
and  by  what  means,  the  townships  are  compelled  to  obey  in 
these  different  cases  :  I  here  merely  show  the  existence  of 
the  oblio;ation.  Strict  as  this  oblii^ation  is,  the  o-overnment 
of  the  State  imposes  it  in  principle  only,  and  in  its  per- 
formance the  township  resumes  all  its  inde])endent  rights. 
Thus,  taxes  are  voted  by  the  State,  but  they  are  levied  and 
collected  by  the  township ;  the  establishment  of  a  school  is 
obligatoiy,  but  the  township  builds,  pays,  and  superintends 
it.  In  France,  the  state  collector  receives  the  local  im- 
posts ;  in  America,  the  town  collector  receives  the  taxes  of 
the  State.  Thus  the  French  o;overnment  lends  its  aixents 
to  the  commune;  in  America,  the  township  lends  its  agents 
to  the  government.  This  fact  alone  shows  how  widely  the 
two  nations  differ. 


! 


Towxsinrs  and  :\irNirTPAL  rodiks. 


83 


SPIRIT    OF   THE   TOWNSinrS    OF    NEW    ENGLAND. 

How  tho  Townsliij)  of  New  England  wins  the  Aftectioiis  of  its  Iiiliabitants. 
—  Diflioulty  of  crcatini;  local  I'uMic  Spirit  in  Europe.  —  The  Hi^'hts 
and  Duties  of  the  American  Township  favoralile  to  it.  —  Sources  of  local 
Attachment  in  the  United  States.  —  How  Town  Sj)irit  shows  itself  in 
New  England.  —  Its  happy  EtK-cts. 

In  America,  not  only  do  municipal  bodies  exist,  but  they 
are  kept  alive  and  supported,  by  town  spirit.  The  town- 
ship of  New  England  possesses  two  advaritaiivs,  which 
strongly  excite  the  interest  of  mankind,  —  namely,  inde- 
pendence and  authority.  Its  sphere  is  limited,  indeed  ;  but 
within  that  sphere,  its  action  is  unrestrained.  This  inde- 
pendence alone  gives  it  a  real  importance,  Avhicli  its  extent 
and  population  would  not  insure. 

It  is  to  be  remembered,  too,  that  the  affections  of  men 
generally  turn  towards  power.  Patriotism  is  not  durable 
in  a  conquered  nation.  Tho  New-Englander  is  attached 
to  liis  township,  not  so  much  because  he  was  born  in  it, 
biit  because  it  is  a  free  and  strong  community,  of  which  he 
is  a  member,  and  which  deserves  the  care  spent  in  man- 
aging it.  In  Europe,  the  absence  of  local  public  spirit  is 
a  frequent  subject  of  regret  to  those  who  are  in  }))wer ; 
every  one  agrees  that  there  is  no  surer  guaranty  of  order 
and  tranquillity,  and  yet  nothing  is  more  difficult  to  create. 
If  the  municipal  bodies  were  made  powerful  and  indepen- 
dent, it  is  feared  that  they  Avould  become  too  strong,  and 
expose  the  state  to  anarchy.  Yet,  without  power  and  in- 
dependence, a  town  may  contain  good  subjects,  but  it  can 
have  no  active  citizens.  Another  important  fact  is,  that 
the  township  of  New  England  is  so  constituted  as  to  excite 
the  warmest  of  human  affections,  without  arousing  the 
ambitious  passions  of  the  heart  of  man.  The  officers  of 
the  county  are  not  elected,*  and  their  authority  is  veiy 

*  This  is  a  mistake ;  they  are  chosen  by  popular  vote.  —  Am.  Ed. 


I 
ii 

..iif 

m 


t;. 


84 


DKMOCRACY    IX    AMKIilCA. 


■    N 


liinitcfl.  Even  the  State  is  only  a  second-rate  community, 
nliose  tran(|uil  and  obscure  administration  offers  no  induce- 
ment sufHcient  to  draw  men  away  from  the  home  of  their 
interests  into  the  turmoil  of  j)ul)lic  affairs.  The  Federal 
Government  confers  power  and  honor  on  the  men  who  con- 
duct it ;  hut  these  individuals  can  never  be  ver}'  numerous. 
The  high  station  of  the  Presidency  can  only  be  reached  at 
an  adxanced  period  of  life  ;  and  the  other  Federal  function- 
aries of  a  high  class  are  generally  men  who  have  been 
favored  by  good  luck,  or  have  been  distinguished  in  some 
other  career.  Such  cannot  be  the  permanent  aim  of  the 
ambitious.  But  the  township,  at  the  centre  of  the  ordi- 
nary relations  of  life,  serves  as  a  field  for  the  desire  of  public 
esteem,  the  want  of  exciting  interest,  and  the  taste  for  au- 
thority and  popularity  ;  and  the  passions  which  commonly 
embroil  society  change  their  character,  when  they  find  a 
vent  so  near  the  domestic  hearth  and  the  family  circle. 

In  the  American  townships,  power  has  been  disseminated 
with  a<lmirable  skill,  for  the  puq^ose  of  interesting  the 
greatest  possible  number  of  persons  in  the  common  weal. 
Indejiendently  of  the  voters,  who  are  from  time  to  time 
called  into  action,  the  power  is  divided  among  innumerable 
functionaries  and  officers,  "who  all,  in  their  several  s})heres, 
represent  the  powei'fiil  community  in  whose  name  they  act. 
The  local  administration  thus  affords  an  unfailing  source 
of  profit  and  interest  to  a  vast  number  of  individuals. 

The  American  system,  which  divides  the  local  authority 
among  so  many  citizens,  does  not  scruple  to  multiply  the 
functions  of  the  town  officers.  For  in  the  United  States, 
it  is  believed,  and  with  truth,  that  patriotism  is  a  kind  of 
devotion  which  is  strengthened  by  ritual  observance.  In 
this  manner,  the  acti\'ity  of  the  township  is  continually  per- 
ceptible ;  it  is  daily  manifested  in  the  fulfilment  of  a  duty, 
or  the  exercise  of  a  right ;  and  a  constant  though  gentle 
motion  is  thus  kept  up  in  society,  which  animates  without 


11  I 


Sit 


ll 


TOWNSHIPS   AND   MUNICIPAL   BODIES. 


85 


disturbino;  it.  The  American  attaches  himself  to  liis  httle 
community  for  the  same  reason  tliat  tlie  mountaineer  chngs 
to  his  liills,  because  tlie  characteristic  feat  ".res  of  his  coun- 
try arc  there  more  distinctly  marked ;  it  has  a  niiire  strik- 
ing physiognomy. 

The  existence  of  the  townships  of  New  England  is,  in 
general,  a  happy  one.  Their  government  is  suited  to  their 
tastes,  and  chosen  by  themselves.  In  the  midst  of  the 
profound  peace  and  general  comfort  which  reign  in  Amer- 
ica, the  commotions  of  municipal  life  are  luifreciuent.  The 
conduct  of  local  business  is  easy.  The  political  education 
of  the  people  has  long  been  complete ;  say  rather  that  it 
was  complete,  when  the  people  first  set  foot  uj)on  the  soil. 
In  New  England,  no  tradition  exists  of  a  distinction  of 
ranks  ;  no  portion  of  the  community  is  tempted  to  o})press 
the  remainder ;  and  the  wrongs  which  may  injure  isolated 
individuals  are  forootten  in  the  general  contentment  which 
prevails.  If  the  government  has  faults,  (and  it  would  no 
doubt  be  easy  to  point  out  some,)  they  do  not  attract 
notice,  for  the  government  really  emanates  from  those  it 
governs,  and  whether  it  acts  ill  or  well,  this  fact  casts  the 
protecting  spell  of  a  parental  pride  over  its  demerits.  Be- 
sides, they  have  nothing  wherewith  to  compare  it.  Eng- 
land formerly  governed  the  mass  of  the  colonies ;  but  the 
people  was  ahvays  sovereign  in  the  township,  where  its 
rule  is  not  only  an  ancient,  but  a  primitive  state. 

The  native  of  New  England  is  attached  to  his  township 
because  it  is  independent  and  free :  his  co-operation  in  its 
affairs  insures  his  attachment  to  its  interest ;  the  well- 
being  it  affords  him  secures  his  affection  ;  and  its  welfare  is 
the  aim  of  his  ambition  and  of  his  future  exertions.  He 
takes  a  part  in  every  occurrence  in  the  j)lace  ;  he  practises 
the  art  of  government  in  the  small  sphere  within  his  reach  ; 
he  accustoms  himself  to  those  forms  without  wdiicli  liberty 
can  only  advance  by  revolutions ;  he  imbibes  their  spirit ; 


86 


DEMOCRACY   IN   AMERICA. 


he  acquires  a  taste  for  order,  comprelientls  tlie  balance  of 
powers,  and  collects  clear  practical  notions  on  the  nature 
of  his  duties  and  the  extent  of  his  rights. 

THE   COUNTIES    OF   NE:\V    ENGLAND. 

The  division  of  the  counties  in  America  has  considerable 
analogy  with  that  of  the  arromUifsenients  of  France.  The 
limits  of  both  are  arbitrarily  laid  down,  and  the  various 
districts  which  they  contain  have  no  necessary  connection, 
no  common  tradition  or  natural  sympathy,  no  conununity 
of  existence ;  their  object  is  simply  to  facilitate  the  ad- 
ministration. 

The  extent  of  the  township  was  too  small  to  contain  a 
system  of  judicial  institutions ;  the  county,  therefore,  is  the 
first  centre  of  judicial  action.  Each  county  has  a  court  of 
justice,  a  sheriff  to  execute  its  decrees,  and  a  prison  for 
criminals.  There  are  certain  wants  which  are  felt  alike  by 
all  the  townships  of  a  county ;  it  is  therefore  natural  that 
they  should  be  satisfied  by  a  central  authority.  In  Mas- 
sachusetts, this  authority  is  vested  in  the  hands  of  several 
magistrates,  who  are  appointed  by  the  Governor  of  the 
State,  with  the  advice  of  his  council.*  The  County  Com- 
missioners have  only  a  limited  and  exceptional  authority, 
which  is  applicable  to  certain  predetermined  cases.  The 
State  and  the  townships  possess  all  the  power  requisite  for 
ordinary  public  business.  The  budget  of  the  county  is 
only  drawn  up  by  its  Commissioners,  and  is  voted  by  the 
legislature ;  there  is  no  assembly  which  directly  or  indi- 
rectly represents  the  county.  It  has,  therefore,  properly 
speaking,  no  political  existence. 

A  twofold  tendency  may  be  discerned  in  most  of  the 

*  Tlie  council  of  the  Governor  is  an  elective  body.  [The  County  Com- 
missioners are  now  elected  by  popular  vote.  See  Eevised  Statutes.  — 
Am.  Ed.] 


il 

I 

1 

TOWNSHIPS   ANU   MUNICIPAL   BODIKS. 


87 


Amcrit-an  constitutions,  wliicli  inipols  the  legislator  to  con- 
centrate the  legislative,  and  to  divide  the  executive  power. 
The  township  of  New  England  has  in  itself  an  indestructi- 
ble principle  of  life ;  but  this  distinct  existence  could  only 
be  fictitiously  introduced  into  the  county,  where  the  want 
of  it  has  not  been  felt.  All  the  townships  united  have  but 
one  representation,  which  is  the  State,  the  centre  of  all 
national  authority :  beyond  the  action  of  the  townshij)  and 
that  of  the  State,  it  may  be  said  that  there  is  nothing  but 
individual  action. 


m 
It 


THE    ADMINISTRATION    OF   GOVERNMENT   IN    NEW   ENGLAND. 


Administration  not  perceived  in  America.  —  ^Vliy  ?  —  Tlie  Enropcans  be- 
lieve tliat  Lil)erty  is  promoted  by  deprivinff  the  Social  Autiiority  of  some 
of  its  Rights ;  the  Americans,  by  dividing  its  Exercise.  —  Almost  all 
the  Administration  confined  to  the  Townsliip,  and  divided  amongst  the 
Town-Officers.  —  No  Trace  of  an  Administrative  Hierarchy  perceived, 
cither  in  tlie  Township  or  above  it.  —  The  Keason  of  tliis.  —  How  it 
happens  that  the  Administration  of  the  State  is  uniform.  —  Who  is  em- 
powered to  enforce  the  Obedience  of  the  Township  and  tlie  County  to 
the  Law.  —  Tiie  Introduction  of  Judicial  Power  into  the  Administration. 

—  Consequence  of  the  Extension  of  the  Elective  Principle  to  all  Func- 
tionaries. —  Tiic  Justice  of  the  Peace  in  New  England.  —  By  whom  ap- 
pointed. —  County  Officer:  insures  the  Administration  of  the  Townships. 

—  Court  of  Sessions.  —  Its  Mode  of  Action.  —  Who  brings  Matters 
before  this  Court  for  Action.  —  Right  of  Inspection  and  Indictment 
parcelled  out  like  the  other  Administrative  Functions.  —  Informers  en- 
couraged by  the  Division  of  Fines. 

Nothing  is  more  striking  to  a  European  traveller  in 
the  United  States,  than  the  absence  of  what  we  term  the 
Government,  or  the  Administration.  Written  laws  exist 
in  America,  and  one  sees  the  daily  execution  of  them ;  but 
although  everything  moves  regularly,  the  mover  can  no- 
where be  discovered.  The  hand  which  directs  the  social 
machine   is   invisible.     Nevertheless,  as   all  persons  must 


I 


Ijii 


88 


DEMOCRACY   IN   AMKRICA. 


V  ! 


MMlil^' 


!      ■  i:    ^f! 


liiivo  recourse  to  cortuin  grammatical  forms,  which  arc  the 
foundation  of  human  language,  in  order  to  express  their 
thougiits ;  so  all  connnunities  are  obliged  to  secure  their 
existence  by  submitting  to  a  certain  amount  of  authority, 
without  Avhich  they  fall  into  anarchy.  This  autho"ity  may 
be  distributed  in  several  ways,  but  it  must  always  exist 
somewhere. 

There  are  two  methods  of  diminishing  the  force  of  au- 
thority  in  a  nation.  The  first  is  to  weaken  the  supreme 
power  in  its  very  principle,  by  forbidding  or  preventing 
society  from  acting  in  its  own  defence  under  certain  cir- 
cumstances. To  weaken  authority  in  this  manner  is  the 
European  way  of  establishing  freedom. 

The  second  manner  of  diminishing  the  influence  of  au- 
thority  docs  not  consist  in  stripping  society  of  some  of  its 
rights,  nor  in  paralyzing  its  efforts,  but  in  distributing  the 
exercise  of  its  powers  among  various  hands,  and  in  multi- 
plying fiinctionaries,  to  each  of  whom  is  given  the  degree 
of  power  necessary  for  him  to  perform  his  duty.  There 
may  be  nations  whom  this  distribution  of  social  powers 
might  lead  to  anarchy ;  but  in  itself,  it  is  not  anarchical. 
The  authority  thus  divided  is,  indeed,  rendered  less  irre- 
sistible and  less  perilous,  but  it  is  not  destroyed. 

The  Revolution  of  the  United  States  was  the  result  of  a 
mature  and  reflecting  preference  of  freedom,  and  not  of 
a  vague  or  ill-defined  craving  for  independence.  It  con- 
tracted no  alliance  with  the  turbulent  passions  of  anarchy  ; 
but  its  course  was  marked,  on  the  contrary,  by  a  love  of 
order  and  law. 

It  was  never  assumed  in  the  United  States,  that  the  citi- 
zen of  a  free  country  has  a  right  to  do  whatever  he  pleases ; 
on  the  contrary,  more  social  obligations  were  there  imposed 
upon  him  than  anywhere  else.  No  idea  was  ever  enter- 
tained of  attacking  the  principle  or  contesting  the  rights 
of  society;  but  the  exercise  of  its  authority  was  divided, 


iiai 


TOWN'SIIIPS  AND   MUNICIPAL   BODIKS. 


89 


in  onli'i  tlial.  the  offir-e  ini<:;lit  be  powi'H'ul  and  tlio  uftici-r 
insiM;niKc'iuit,  aiul  that  the  coinmimity  slioukl  be  at  once 
regulated  and  free.  In  no  country  in  tlie  world  does  the 
law  hold  so  absolute  a  lauiiuatie  as  in  America;  and  in  no 
country  is  the  rio;ht  of!  Jijtplying  it  vested  in  so  many 
hands.  The  administrative  j)ower  in  the  United  States 
presents  nothino-  cither  centralized  or  liierarchical  in  its  con- 
stitution ;  this  accoiuits  for  its  passing  luiperceived.  The 
power  exists,  but  its  representative  is  nowhere  to  be  seen. 

We  have  already  mentioned,  that  the  indej)endent  town- 
ships of  New  England  were  not  under  guardianship,  but 
took  cjire  of  their  own  })rivate  interests  ;  and  the  nuniici}>al 
magistrates  are  the  persons  who  either  execute  the  laws  of 
the  State,  or  see  that  they  are  executed.*  liesides  the  gen- 
eral laws,  the  State  sometimes  passes  general  police.!  regu- 
hitions  ;  but  more  commonly,  the  townsliij)S  and  town 
officers,  conjointly  with  the  justices  of  the  peace,  regulate 
the  minor  details  of  social  life,  according  to  the  necessities 
of  the  different  localities,  and  promulgate  such  orders  as 
concern  the  health  of  the  comnuuiity,  and  the  peace  as 
well  as  morality  of  the  citizens. f  Lastly,  these  town 
magistrates  provide,  of  their  own  accord  and  without  any 
impulse  from  without,  for  those  unforeseen  emergencies 
which  frequently  occur  in  society.:}: 


*  Sec  "  The  Town-Officer,"  especially  at  the  words  Sklectmen,  Asses- 
sors, Collectors,  Schools,  Surveyors  op  Highways.  I  take  one 
example  in  a  thousand  •  the  State  prohibits  travelling  on  Sunday  without 
good  reason ;  the  tythhuj-mm,  who  arc  town-officers,  are  required  to  keep 
watch  and  to  execute  the  law. 

The  selectmen  di'aw  up  the  lists  of  voters  for  the  election  of  the  Governor, 
and  transmit  the  result  of  the  ballot  to  the  Secretary  of  the  State. 

t  Thus,  for  instance,  the  selectmen  authorize  the  construction  of  drains, 
and  point  out  the  proper  sites  for  slaughter-houses  and  other  trades  which 
are  a  nuisance  to  the  neighborhood. 

X  For  example,  the  selectmen,  conjoinly  with  the  justices  of  the  peace, 
take  measures  for  the  security  of  the  public  in  case  of  contagious  diseases. 


4^' 


IH 

1 

it':. 

1 ! 

i'    ' 

; 

■ 

1 

'    1 
.  1 

r     ! 
i 

■: 

I;  i 

f.   I,-  .'^ 

i       ,       1 

i  -1 
\ 

i       ,|' 

i!  1 
1 

1 

yo 


Dr.MocnAcv  in  amkrica. 


It  results  i'roiu  ^vllilt  wo  luive  said,  that,  in  tlu'  State 
of  iMassacliiist'tts,  the  ailministnitivu  authority  is  ahnost 
entin'ly  restricted  to  the  township,*  and  tliat  it  is  tlierc 
distributed  anion;:;  a  iiivat  inunber  of  individuals.  Jn  tiio 
Fi'enelj  conDiiutie^  there  is  j)ro})erly  but  one  official  func- 
tionary,—  namely,  the  Maire  ;  and  in  Kew  England,  we 
have  seen  that  then;  are  nineteen.  These  nineteen  func- 
tionaries do  not,  in  general,  depend  one  upon  another. 
The  law  carefully  prescribes  a  circle  of  action  to  each  of 
these  ina;;isti-ates ;  within  that  circle,  they  are  all-j)owerful 
to  j)i'rtbrni  their  functions  independently  of  any  other  au- 
thority. Above  the  townsliip,  scarcely  any  trace  of  a 
liierarchy  of  official  dignities  is  to  be  found.  It  sometimes 
hap[)ens,  that  tbe  county  officers  alter  a  decision  of  the 
townships,  or  town  magistrates;!  but,  in  general,  the  au- 
thorities of  the  county  have  no  right  to  interfere  with  the 
auth(jrities  of  the  township,^  except  in  such  matters  as 
concern  the  county. 

The  magistrates  of  the  township,  as  well  as  those  of  the 

*  I  say  almost,  for  there  are  many  incidents  in  town-life  vliicli  arc  regu- 
lated I)y  the  justiees  of  peace  in  their  individual  capacity,  or  by  an  assenil)ly 
of  them  in  tlie  chief  town  of  the  county ;  thus,  licenses  arc  granted  by  the 
justices. 

t  Thus,  licenses  are  gi'anted  only  to  such  persons  as  can  produce  a  certif- 
icate of  good  conduct  from  the  selectmen.  If  the  selectmen  refuse  to  give 
the  ccrtilicate,  the  party  may  appeal  to  the  justices  assembled  in  the  Court 
of  Sessions ;  and  they  may  grant  the  license.  The  townships  have  the  right 
to  make  by-laws,  and  to  enforce  them  by  tines,  which  are  fixed  by  law ;  but 
these  by-laws  nmst  be  approved  by  the  Court  of  Sessions.  [In  several  re- 
spects, these  laws  and  customs  have  been  altered  by  general  legislation  since 
the  time  when  De  Tocqueville  wrote.  But  I  do  not  tliink  it  necessary  to 
specify  all  these  alterations,  as  generally  it  is  not  the  principle,  but  only  the 
details,  of  the  law  that  have  been  changed.  —  Am.  Ed.] 

t  In  Massachusetts  the  county  magistrates  are  frequently  called  upon  to 
investigate  the  acts  of  the  town  magistrates ;  but  it  will  be  shown  farther  on 
that  this  investigation  is  a  consequence,  not  of  their  administrative,  but  of 
their  judicial  power. 


TOWNSnil'S    AND   MlXICIl'AI.    HoDIKS. 


91 


Court 

|right 

but 

il  re- 

biuce 

\y  to 

the 

in  to 
|r  on 

of 


county,  nrc  Ixmiid,  in  a  small  mnnluT  of  pri'dcti'nniiu'd 
cases,  to  conununicatt'  their  acts  to  tlu;  central  govern- 
ment.* lint  the  central  govHTiinient  is  not  repri'sented 
Lv  an  au'ent  mIioso  bnsiness  it  is  to  pnhlish  police  I'eo- 
ulations  and  ordinances  for  the  execution  of  the  laws,  or 
to  keej)  nj)  a  re^idar  communication  with  the  othcers  of 
the  township  and  the  county,  or  to  insjx'ct  their  conduct, 
direct  their  actions,  or  reprimand  tiieir  fiudts.  There  is 
110  point  M'hich  serves  as  a  centre  to  the  radii  of  the  ad- 
ministration. 

IIow,  then,  can  the  government  be  conducted  on  a  uni- 
form i)lan  ?  and  how  is  the  com[)liance  of  the  counties  and 
their  magistrates,  or  tlie  townshi})s  and  their  officers, 
enforced  ?  In  the  New  Enoland  States,  the  lemslativo 
authority  embraces  more  subjects  than  it  does  in  France ; 
the  legislator  penetrates  to  the  very  core  of  the  administra- 
tion ;  the  law  descends  to  minute  details  ;  the  same  enact- 
ment prescribes  the  principle  and  the  method  of  its  apj)lica- 
tion,  and  tlms  imposes  a  multitude  of  strict  and  rigorously 
defined  obligations  on  the  secondary  bodies  and  functiona- 
ries of  the  State.  The  consequence  of  this  is,  that,  if  all 
the  secondary  functionaries  of  the  administration  conform 
to  the  law,  society  in  all  its  branches  proceeds  with  the 
greatest  uniformity.  The  difficulty  remains,  how  to  compel 
the  secondary  bodies  and  functionaries  of  the  administra- 
tion to  conform  to  the  law.  It  may  be  aflfirmed,  in  general, 
that  society  has  only  two  methods  of  enforcing  the  execu- 
tion of  the  laws  :  a  discretionary  power  may  be  intrusted 
to  one  of  them  of  directino;  all  the  others,  and  of  removing 
them  in  case  of  disobedience ;  or  the  courts  of  justice  may 
be  required  to  inflict  judicial  penalties  on  the  offender. 
But  these  two  methods  are  not  always  available. 

The  right  of  directing  a  civil  officer  presupposes  that  of 

*  Thus,  tlie  town  committees  of  schools  are  obliged  to  make  an  annual 
report  to  the  Secretary  of  the  State  on  the  condition  of  the  schools. 


<l-) 


Hi 


I>1;M(»(  IJACV    IN    AMKIMCA. 


lu 


\\ 


I 


1^ 


(•nsliii-riiio;  liiin  if  lit-  docs  not  olx'V  orders,  jiiid  of  I'cward- 
iii^'  liiiii  l»y  j)i'oinotioii  it'  lie  tullils  his  duties  w  itli  j»r()j)riety, 
I'mt  ail  elected  iiiaiiistrate  cannot  l»e  ca^Iiiered  or  |ii'oiMot- 
ed.  All  elective  t'linctioiis  ai'e  iiialieiiaMc  until  their  tei'ni 
I'Xpires.  In  liict,  the  elected  n»a;^istrate  has  nothing'  to 
expect  or  to  fear,  except  from  his  constituents;  and  when 
all  puhlic  otKces  are  filled  hy  hallot,  there  can  he  no  serii'S 
of  oflicial  dignities,  because  the  <lonhle  ri;j;ht  of  connnand- 
iny;  and  of  enforcinj''  obedience  can  never  be  vested  in  the 
same  person,  and  because  the  power  of  issuiui:;  an  order 
can  never  be  joined  to  that  of  inflicting  a  punishnu'ut  or 
bestowing  a  reward. 

The  conmumities,  therefore,  in  whicli  the  secondary 
functionaries  of  the  government  arc  elected,  are  perforce 
obliged  to  make  great  use  of  judicial  pi-nalties  as  a  nu>ans 
of  administration.  This  is  not  evident  at  first  sight ;  for 
those  in  ])ower  are  apt  to  look  upon  the  institution  of  elec- 
tive functionaries  as  one  concession,  and  the  subjection  of 
the  elected  niairistrate  to  the  iudirt's  of  the  land  as  another. 
They  are  ecjnally  a\  erse  to  both  these  innovations  ;  and  as 
they  are  more  jiressingly  solicited  to  grant  the  former  than 
the  latter,  they  accede  to  tlie  election  of  the  magistrate,  and 
leave  him  independent  of  the  judicial  power.  Neverthe- 
less, the  second  of  these  measures  is  the  only  thing  that 
can  possibly  counterbalance  the  first ;  and  it  will  be  found 
that  an  elective  authority  which  is  not  subject  to  judicial 
power  will,  sooner  or  later,  either  elude  all  control  or  be 
destroyed.  The  courts  of  justice  are  the  only  possible 
medium  between  the  central  power  and  the  administrative 
bodies  ;  they  alone  can  compel  the  elected  functionary  to 
obey,  without  violating  the  rights  of  the  elector.  The 
extension  of  judicial  power  in  the  political  world  ought, 
therefore,  to  be  in  the  exact  ratio  of  the  extension  of  elec- 
tive power:  if  these  two  institutions  do  not  go  hand  in 
hand,  the  State  must  fall  into  anarchv  or  into  servitude. 


TOWN'snil'S   AND   MINICfrM,    nODFKS. 


98 


It  li:i.s  nlwiiys  Ihhmi  n'lnai'kiMl  tliiit  jiidii-ial  li:»l»its  do  not 
rt'iidi'i-  iiu'ii  apt  to  the  cxiTci^r  "f  adiniuisti'Mtixt'  aiitliority. 
Tlic  AiMcricaiH  liavc  l)on'o\vt'<l  troiii  tlicir  fathers,  tlic  ICii^- 
lisli,  the  idea  of  an  institution  which  is  unknown  upon  the 
continent  of  Europe:  I  alhide  to  tliat  of  Justices  of  the 
Peace. 

Tiie  Justice  of  tlio  Peace  is  a  sort  of  middle  term  be- 
twoon  the  majiistrate  and  tlie  man  of  the  world,  hetween 
the  civil  oflicer  and  tlie  judui'.  A  justici'  of  thi'  peace  is  a 
well-intormed  citizen,  tliouiih  he  is  not  neoossarilv  learned 
iu  the  law.  His  ofhce  simply  ol)lii;-es  him  to  execute  th(^ 
police  re;j;ulations  of  society,  a  task  in  which  oood  sense 
and  intenritv  are  of  more  avail  than  Ici-al  scienct'.  The 
justice  introduces  into  the  administration,  when  he  takes 
j)art  in  it,  a  certain  taste  for  estahlished  forms  and  puln 
lieity,  which  renders  him  a  most  unserviceahh'  instrument 
for  desj)otism  ;  and,  on  the  other  hand,  he  is  not  a  slave  of 
those  lee;al  sni)erstitions  whicli  render  judij;es  unfit  mem])ers 
of  a  jjjovernment.  The  Americans  have  adopted  the  Eng- 
lish system  of  justices  of  the  })eace,  dej)riviniT  it  of  the 
aristocratic  character  which  distinmiishes  it  in  the  mother 
coimtry.  The  Governor  of  ]Massa(diusetts  appoints  a  cer- 
tain number  of  justices  of  the  peace  in  every  county,  whose 
functions  last  seven  years.  He  furtlicr  desirrnates  three 
individuals  from  the  wliole  body  of  justices,  who  form  in 
each  county  what  is  called  the  Court  of  Sessions.*  The 
justices  take  a  personal  share  in  tlie  public  administration  ; 
they  arc  sometimes  intrusted  with  administrative  functions 
in  conjunction  with  elected  officers  ;  f  they  sometimes  cou- 

*  Tlic  Court  of  Sessions  no  longer  exists  as  such ;  its  functions  have  been 
inerpjed  iu  those  of  tlie  ordinary  legal  trii)unals.  —  Am.  Ed. 

t  Thus,  for  example,  a  stranger  arrives  in  a  township  from  a  country 
where  a  contagious  disease  prevails,  and  he  falls  ill.  Two  justices  of  the 
peace  can,  with  the  assent  of  the  selectmen,  order  the  sheriff  of  the  county 
to  remove  and  take  care  of  him.  In  general,  the  justices  interfere  in  all  the 
im[)ortaiit  acts  of  the  administration,  and  give  them  a  semi-judicial  character. 


i' 


•M 


ill ! 

■IP 


t*  I 


§■ 


i  i  it 


;      ;  ,,  f; 

H  ill 


94 


DK.MOCRACY   IN   AMERICA. 


stitute  a  tribunal,  befo 


'hich  the 


ly 


ifjistrates  summar 
prosecute  a  refractory  citizen,  or  tlie  citizens  inform  against 
the  abuses  of  tlie  majiistrate.  But  it  is  in  the  Court  of 
Sessions  that  they  exercise  tlieir  most  important  functions. 
This  court  meets  twice  a  year,  in  the  county  town  ;  in 
Massacliusetts,  it  is  empowered  to  enforce  the  obedience  of 
'Host*  of  the  pubhc  officers. f  It  must  be  observed  that, 
in  ]\Iassacliusetts,  tlie  Court  of  Sessions  is  at  the  same  time 
an  administrative  body,  properly  so  called,  and  a  political 
tribunal.  It  has  been  mentioned  that  the  county  is  a 
purely  administrative  division.  The  Court  of  Sessions 
presides  over  that  small  number  of  affairs  which,  as  they 
concern  several  townships,  or  all  the  townships  of  the 
county  in  common,  cannot  be  intrusted  to  any  one  of 
them  in  particular. J  In  all  that  concerns  county  business, 
the  duties  of  the  Court  of  Sessions  are  purely  administra- 
tive ;  and  if  in  its  procedure  it  occasionally  introduces  judi- 
cial forms,  it  is  only  with  a  view  to  its  own  information, § 
or  as  a  guaranty  to  those  for  whom  it  acts.  But  when  the 
administration  of  the  township  is  brought  before  it,  it  acts 

*  I  say  most  of  them,  because  certain  administrative  misflomcanors  are 
brought  before  tlie  ordinary  tril)unals.  If,  for  instance,  a  to\v-iisliip  refuses 
to  make  the  necessary  expenditure  for  its  schools,  or  to  name  a  school-com- 
mittee, it  is  liable  to  a  heavy  tine.  But  this  penalty  is  pronounced  by  the 
Supreme  Judicial  Court  or  the  Court  of  Common  Pleas. 

t  In  their  individual  capacity,  the  Justices  of  the  Peace  take  a  part  in  the 
busmess  of  the  counties  and  townships.  In  general,  the  most  important 
acts  of  the  town  can  be  performed  only  with  the  concurrence  of  some  one  of 
them. 

J  These  affairs  may  be  brought  under  the  following  heads :  —  1.  The  erec- 
tion of  prisons  and  courts  of  justice.  2.  The  county  budget,  which  is  after- 
wards voted  by  the  State  legislature.  3.  The  distribution  of  the  taxes  so 
voted.  4.  Grants  of  certain  patents.  5.  The  laying  down  and  repairs 
of  the  county  roads.  [Most  of  these  acts  are  now  performed  by  the  County 
Commissioners. — Am.  Ed.] 

§  Thus,  when  a  road  is  under  consideration,  almost  all  difficulties  are  dis- 
posed of  liy  the  aid  of  the  jury. 


V  .  <iJ 


TOWNSHIPS   AND   JIUXICirAL   BODIKS. 


Oo 


Irec- 

ftcr- 

so 

lairs 

Lnty 

lilis- 


as  a  judicial  body,  and  only  in  some  few  cases  as  an  admin- 
istrative body. 

The  first  difficulty  is,  to  make  the  township  itself,  an 
almost  independent  power,  obey  the  general  laws  of  the 
State.  We  have  stated,  that  assessors  are  annually  named 
by  the  town-meetings  to  levy  the  taxes.  If  a  townshij) 
attempts  to  evade  the  payment  of  the  taxes  by  neglecting 
to  name  its  assessors,  the  Court  of  Sessions  condemns  it  to 
a  heavy  fine.  The  fine  is  levied  on  each  of  the  inhabitants  ; 
and  the  sheriff  of  the  county,  who  is  the  officer  of  justice, 
executes  the  mandate.  Thus,  in  the  United  States,  gov- 
ernment authority,  anxious  to  keep  out  of  sight,  hides  itself 
under  the  forms  of  a  judicial  sentence ;  and  its  influence  is 
at  the  same  time  fortified  by  that  irresistible  power  Avhich 
men  attribute  to  the  formalities  of  law. 

These  proceedings  are  easy  to  follow  and  to  understand. 
The  demands  made  upon  a  township  are,  in  general,  plain 
and  accurately  defined  ;  they  consist  in  a  simple  fact,  or  in 
a  principle  without  its  application  in  detail.*  But  the  diffi- 
culty begins  when  it  is  not  the  obedience  of  the  township, 
but  that  of  the  town  officers,  which  is  to  be  enforced.  All 
the  reprehensible  actions  which  a  public  functionary  can 
commit  are  reducible  to  the  followino;  heads  :  — 

He  may  execute  the  law  without  energy  or  zeal ; 

He  may  neglect  what  the  law  requires  ; 

He  may  do  what  the  law  forbids. 

Only  the  last  two  violations  of  duty  can  come  before  a 
legal  tribunal ;  a  positive  and  appreciable  fact  is  the  indis- 

*  There  is  an  indirect  metliod  of  enforcing  tlic  obedience  of  a  township. 
Suppose  that  the  funds  which  the  law  demands  for  the  maintenance  of  the 
roads  have  not  been  voted  ;  the  town  surveyor  is  then  authorized,  ex  officio, 
to  levy  the  supplies.  As  he  is  personally  responsible  to  private  individuals 
for  the  state  of  the  roads,  and  indictable  before  the  Court  of  Sessions,  he  is 
sure  to  employ  the  extraordinary  ri<iht  which  the  law  jrives  him  agaiiist  the 
to\vnship.  Tlius,  by  threatening  the  officer,  the  Court  of  Sessions  exacts 
compliance  from  tlie  town. 


Hi 


00 


DEMOCRACY   IN   AMERICA. 


,  I         11    : 


III 


'i; 


2)ensal)lc  foundation  of  an  action  at  law.  Thus,  if  the 
selectmen  omit  the  legal  formalities  usual  at  town  elections, 
tlu^y  may  ho  fined.  But  when  the  officer  performs  his  duty 
unskilfully,  or  oheys  the  letter  of  the  law  without  zeal  or 
energy,  he  is  out  of  the  reach  of  judicial  interference.  The 
Court  of  Sessions,  even  when  clothed  with  administrative 
powers,  is  in  this  case  unahle  to  enforce  a  more  satisfactory 
obedience.  The  fear  of  removal  is  the  only  check  to  these 
quasi-offences,  and  the  Court  of  Sessions  does  not  originate 
the  town  authorities ;  it  cannot  remove  functionaries  whom 
it  does  not  appoint.  oNIoreover,  a  perpetual  supervision 
v.'ould  he  necessary  to  convict  the  officer  of  negligence  or 
lukewarmness.  Now  the  Court  of  Sessions  sits  but  twice 
a  year,  and  then  only  judges  such  offences  as  are  brought 
to  its  notice.  The  only  security  for  that  active  and  enlight- 
ened obedience,  which  a  court  of  justice  cannot  enforce 
upon  public  functionaries,  lies  in  the  arbitrary  removal  of 
them  from  office.  In  France,  this  final  security  is  exer- 
cised by  the  heads  of  the  administration  ;  in  America,  it  is 
obtained  through  the  principle  of  election. 

Thus,  to  recapitulate  in  a  few  words  what  I  have  de- 
scribed :  — 

If  a  public  officer  in  New  England  commits  a  crime  in 
the  exercise  of  his  functions,  the  ordinary  courts  of  justice 
are  always  called  upon  to  punish  him. 

If  he  commits  a  fault  in  his  administrative  capacity,  a 
purely  administrative  tribunal  is  empowered  to  punish 
him ;  and,  if  the  affair  is  important  or  urgent,  the  judge 
does  what  the  functionary  should  have  done.* 

Lastly,  if  the  same  individual  is  guilty  of  one  of  those 
intangible  offences  which  human  justice  can  neither  define 
nor  appreciate,  he  annually  appears  before  a  tribunal  from 


t  ■' 


*  If,  for  instance,  a  townsliip  persists  in  refusing  to  name  its  assessors,  tiie 
Court  of  Sessions  nominates  tliem ;  and  tlic  magistrates  thus  appointed  are 
invested  with  the  same  autiiority  as  elected  officers. 


TOWNSHIPS    AND   MUNICIPAL    P.ODIKS. 


01 


m 

dee 

L  a 
lisli 


)se 

me 

)in 

Itlie 
arc 


wliic'li  tlicre  is  no  ap[)eal,  wliicli  can  at  once  reduce  liim  to 
insiniiificance,  and  deprive  liiin  of  his  charge.  This  system 
undouhtedly  possesses  great  advantages,  but  its  execution 
is  attended  with  a  })ractical  difficuUy,  wliich  it  is  important 
to  point  out. 

I  liave  already  observed,  that  the  administrative  tribunal, 
wliich  is  called  the  Court  of  Sessions,  has  no  right  of  in- 
spection over  the  town  officers.  It  can  only  interfere  when 
the  conduct  of  a  magistrate  is  specially  brought  under  its 
notice ;  and  this  is  tlie  delicate  part  of  the  system.  The 
Americans  of  New  England  have  no  public  prosecutor  for 
the  Court  of  Sessions,*  and  it  may  readily  be  perceived 
that  it  would  be  difficult  to  create  one.  If  an  accusino; 
magistrate  had  merely  been  appointed  in  the  chief  town 
of  each  comity,  and  he  had  been  unassisted  by  agents  in 
the  townships,  he  would  not  have  been  better  actpiainted 
with  what  was  ijoino;  on  in  the  county  than  the  members 
of  the  Court  of  Sessions.  But  to  a})point  his  agents  in 
each  township  would  have  been  to  centre  in  his  person  the 
most  formidable  of  powers,  that  of  a  judicial  administration. 
Moreover,  laws  are  the  children  of  habit,  and  nothing  of 
the  kind  exists  in  the  legislation  of  Eno;land.  The  Amer- 
icans  h?ve,  therefore,  divided  the  offices  of  inspection  and 
complaint,  as  well  as  all  the  other  functions  of  the  adminis- 
tration. Grand-jurors  are  bound  by  the  law  to  apprise  the 
court  to  which  they  belong  of  all  the  misdemeanors  which 
may  have  been  committed  in  their  county. f  There  are 
certain  great  offijiices  which  are  officially  prosecuted  by 
the  State ;  |  but,  more  frequently,  the  task  of  punishing 

*  I  say  the  Court  of  Sessions,  liecause,  in  common  courts,  tliere  is  an  offi- 
cer [the  district  attorney]  who  exercises  some  of  tiie  functions  of  a  public 
prosecutor. 

t  Tiic  Grand-jurors  are,  for  instance,  bound  to  inform  tlie  court  of  the 
bad  state  of  the  roads. 

}  If,  for  instance,  tiie  treasurer  of  the  county  holds  back  his  accounts. 
5  o 


iff 


■■1.L 


98 


DKMOCRACY  IN   AMERICA. 


c    'I 


'  U' 


delinquents  clevi)lves  upon  the  fiscal  officer,  avIiosc  prov- 
ince it  is  to  receive  the  fine :  thus,  the  treasurer  of  the 
township  is  charged  with  the  prosecution  of  such  adminis- 
trative offences  as  fall  under  his  notice.  But  a  more  espe- 
cial appeal  is  made  by  American  legislation  to  the  private 
interest  of  each  citizen ;  *  and  this  great  principle  is  con- 
stantly to  be  met  with  in  studying  the  laws  of  the  United 
States.  American  legislators  are  more  apt  to  give  men 
credit  for  intelligence  than  for  honesty ;  and  they  rely  not 
a  little  on  personal  interest  for  the  execution  of  the  laws. 
When  an  individual  is  really  and  sensibly  injiu'ed  by  an 
administrative  abuse,  his  personal  interest  is  a  guaranty 
that  he  will  prosecute.  But  if  a  legal  formality  be  re- 
quired, which,  however  advantageous  to  the  community, 
is  of  small  importance  to  individuals,  plaintiffs  may  be  less 
easily  found  ;  and  thus,  by  a  tacit  agreement,  ilie  laws  may 
fall  into  disuse.  Reduced  by  their  system  to  this  extremity, 
the  Americans  are  obliged  to  encourage  informers  by  be- 
stowing on  them  a  portion  of  the  penalty  in  certain  cases  ;  f 
and  they  thus  insure  the  execution  of  the  laAvs  by  the  dan- 
gerous expedient  of  degrading  the  morals  of  the  people. 

*  Thus,  to  take  one  example  out  of  a  thousand,  if  a  private  individual 
breaks  his  carriage,  or  is  wounded,  in  consequence  of  the  badness  of  a  road, 
lie  can  sue  the  township  or  the  county  for  damages  at  the  sessions. 

t  In  cases  of  invasion  or  insurrection,  if  the  town  officers  neglect  to  fur- 
nish the  necessary  stores  and  ammunition  for  the  militia,  the  township  may 
be  condemned  to  a  fine  of  from  200  to  500  dollars.  It  may  readily  be  im- 
agined that,  in  such  a  case,  it  might  happen  that  no  one  would  care  to  pros- 
ecute; hence  the  law  adds,  that  any  citizen  may  enter  a  complaint  for 
offences  of  this  kind,  and  that  half  the  fine  shall  belong  to  the  prosecutor. 
See  Act  of  6th  March,  1810.  The  same  clause  is  frequently  to  be  met  with 
in  the  Laws  of  Massachusetts.  Not  only  are  private  individuals  thus  incited 
to  prosecute  the  public  oflicers,  but  the  public  officers  arc  encouraged  in  the 
same  manner  to  bring  the  disobedience  of  private  individuals  to  justice.  If 
a  citizen  refuses  to  perform  the  work  which  has  been  assigned  to  him  upon  a 
road,  the  road-surveyor  may  prosecute  him,  and,  if  convicted,  he  receives 
half  the  penalty  for  himself. 


TOWNSHIPS   AND   MUNICIPAL    BODIES. 


00 


Above  the  county  magistrates,  there  is,  properly  speak- 
ing, no  administrative  power,  but  only  a  power  of  gov- 
ernment. 


'fl 
It  ■ 


fur- 
may 
e  im- 
)ros- 
it  for 
■utor. 
with 
K'itcd 
11  the 
If 
lion  a 
leivcs 


GENERAL    REMARKS    ON    THE    ADMINISTRATION    IN    THE 

UNITED    STATES. 

DifFerences  of  the  States  of  the  Union  in  their  Systems  of  Administration.  — 
Activity  and  Perfection  of  tlie  Town  Authorities  decreases  towards  the 
South.  —  Power  of  tlie  ISIayistrates  increases;  tliat  of  tlie  Voter  dimin- 
ishes. —  Administration  passes  from  the  Township  to  the  County.  — 
States  of  New  Yorlc  :  Oliio  :  Pennsylvania.  —  Principles  of  Administra- 
tion applicable  to  the  whole  Union.  —  Election  of  PuMic  OtHcers,  and 
Inalienability  of  their  Functions.  —  Absence  of  Gradation  of  Hanks. — 
Introduction  of  Judicial  Procedures  into  the  Administration. 

I  HAVE  already  said  that,  after  examining  the  constitu- 
tion of  the  township  and  the  county  of  New  England  in 
detail,  I  should  take  a  general  view  of  the  remainder  of  the 
Union.  Townships  and  town  arrangements  exist  in  every 
State;  but  in  no  other  part  of  the  Union  is  a  township 
to  be  met  with  precisely  similar  to  those  of  New  England. 
The  farther  we  go  towards  the  South,  the  less  active  does 
the  business  of  tlie  township  or  parish  become  ;  it  has 
fewer  magistrates,  duties,  and  rights ;  the  population  (ex- 
ercises a  less  immediate  influence  on  affiiirs  ;  town-meetings 
are  less  frequent,  and  the  subjects  of  debate  less  numerous. 
The  power  of  the  elected  magistrate  is  augmented,  and 
that  of  the  voter  diminished,  whilst  the  public  spirit  of 
the  local  communities  is  less  excited  and  less  influential.* 
These  differences  may  be  perceived  to  a  certain  extent  in 
the  State  of  New  York ;  they  are  very  sensible  in  Penn- 

*  For  details,  see  the  Revised  Statutes  of  the  State  of  New  York,  Part  I. 

Sec,  in  the  Dijxest  of  the  Laws  of  Pennsylvania,  the  words  Assessors, 
Collector,  Constakles,  Overseer  of  tjie  Poor,  Scpervisors  of 
Highways  :  and  in  the  Acts  of  a  general  nature  of  the  State  of  Ohio,  the 
Act  of  the  25th  of  February,  1834,  relating  to  townships,  p.  412. 


■■  r> 


<  m 


ill 


f^ 


:ii 


*    ■ 

!     i'l? 


.1.       '' 


'}■ 
]■ 


a  :,'\ 


too 


DEMOCRACY   IN    AMEIUCA. 


sylvniiia  ;  but  tlicy  become  less  striking  as  we  advance  to 
tlie  Nortliwcst.  Tlie  majority  of  tlie  emigrants  wlio  settle 
in  the  Xortliwestern  States  are  natives  of  New  England, 
and  they  carry  the  administrative  habits  of  their  mother 
country  with  them  into  the  country  which  they  adopt. 
A  township  in  Ohio  is  not  unlike  a  township  in  Massa- 
chusetts. 

We  have  seen  that,  in  INIassachusetts,  the  mainspring  of 
])ublic  administration  lies  in  the  township.  It  forms  the 
conmion  centre  of  the  interests  and  affections  of  the  cit- 
izens. But  this  ceases  to  be  the  case  as  we  descend  to  the 
States  in  which  knowledge  is  less  generally  diffused,  and 
where  the  townsliip  consequently  offers  fewer  guaranties 
of  a  wise  and  active  administration.  As  we  leave  New 
England,  therefore,  we  find  that  the  importance  of  the 
town  is  gradually  transferred  to  the  county,  which  becomes 
the  centre  of  administi'ation,  and  the  intermediate  power 
between  the  government  and  the  citizen.  In  Massachu- 
setts, the  business  of  the  county  is  conducted  by  the  Court 
of  Sessions,  which  is  composed  of  a  quorum  appointed  by 
the  Governor  and  his  Council ;  but  the  county  has  no  rep- 
resentative assembly,  and  its  expenditure  is  voted  by  the 
State  legislature.  In  the  great  State  of  New  York,  on  the 
contrarv,  and  in  those  of  Ohio  and  Pennsvlvania,  the  in- 
habitants  of  each  coimty  choose  a  certain  number  of  repre- 
sentatives, who  constitute  the  assembly  of  the  county.* 
The  county  assembly  has  the  right  of  taxing  the  inhab- 
itants to  a  certain  extent ;  and  it  is,  in  this  respect,  a  real 

*  See  tlie  Revised  Statutes  of  the  State  of  New  York,  Part  I.  cliap.  xi. 
Vol.  I.  p.  340,  Id.,  chap.  xii.  p.  SCG ;  also,  in  the  Acts  of  the  State  of 
Ohio,  an  act  relating  to  county  commissioners,  25fh  Fehruary,  1824,  p.  263. 
See  the  Diirest  of  the  Laws  of  Pennsylvania,  at  the  words  County-kates 
and  Levies,  p.  170. 

In  the  State  of  New  York,  each  township  elects  a  representative,  who  has 
a  share  in  the  adniinistiaiion  of  the  county  as  well  as  in  that  of  the  town- 
ship. 


in- 
Ipre- 

]iab- 
ireal 

xi. 
of 
1263. 

has 
jwn- 


TOWNSHirS   AND   MUNICIPAL    DODIKS. 


101 


legislative  body :  at  the  same  time,  it  exercises  an  exec- 
utive power  in  the  county,  frequently  directs  the  admin- 
istration of  the  townsliips;  and  restricts  their  autliority 
^vitllin  much  narrower  bounds  than  in  iMassachusetts. 

Such  are  the  principal  differences  which  the  systems  of 
county  and  town  administration  present  in  the  Federal 
States.  Were  it  my  intention  to  examine  the  subject  in 
detail,  I  should  have  to  point  out  still  further  differences 
in  the  executive  details  of  the  several  communities.  But 
I  have  said  enough  to  show  the  general  principles  on  which 
the  administration  in  the  United  States  rests.  These  prin- 
ciples are  differently  applied :  their  consequences  are  moi'e 
or  less  numerous  in  various  localities  ;  but  they  are  al- 
^^ays  substantially  the  same.  The  laws  differ,  and  their 
outward  features  change ;  but  the  same  spirit  animates 
them.  If  the  township  and  the  county  are  not  everywhere 
organized  in  the  same  manner,  it  is  at  least  true  that,  in 
the  United  States,  the  county  and  the  township  are  always 
based  upon  the  same  princijjle ;  namely,  that  every  one  is 
the  best  judge  of  what  concerns  himself  alone,  and  the 
most  proper  person  to  supply  his  own  wants.  The  town- 
ship and  the  county  are  therefore  bound  to  take  care  of 
their  special  interests :  the  State  governs,  but  does  not 
execute  the  laws.  Exceptions  to  this  principle  may  be 
met  with,  but  not  a  contrary  principle. 

The  first  consequence  of  this  doctrine  has  been  to  cause 
all  the  magistrates  to  be  chosen  either  by  the  inhabitants, 
or  at  least  from  among  them.  As  the  officers  are  every- 
where elected  or  appointed  for  a  certain  period,  it  has  been 
impossible  to  establish  the  rules  of  a  hierarchy  of  author- 
ities ;  there  are  almost  as  many  independent  functionaries 
as  there  are  functions,  and  the  executive  poAver  is  dissem- 
inated in  a  multitude  of  hands.  Hence  arose  the  necessity 
of  introducing  the  control  of  the  courts  of  justice  over  the 
administration,  and  the  system  of  pecuniary  penalties,  by 


102 


DKMOCRACY   IN   AMERICA. 


ir 


K'l 


wlilch  the  secondary  Ixxlies  and  their  representatives  are 
constrained  to  obey  the  laws.  Tliis  system  obtains  from 
one  end  of  the  Union  to  the  other.  The  power  of  pmi- 
ishing  a(hninistrative  misconduct,  or  of  performing;,  in 
urgent  cases,  achninistrative  acts,  has  not,  however,  been 
bestowed  on  the  same  iudo;es  in  all  the  States.  The 
Anglo-Americans  derived  the  institution  of  justices  of  the 
jK'ace  from  a  conmion  source ;  but  although  it  exists  in  all 
the  States,  it  is  not  always  turned  to  the  same  use.  The 
justices  of  the  peace  everywhere  })articipate  in  the  ad- 
ministration of  the  townships  and  the  counties,*  either  as 
public  officers,  or  as  the  judges  of  public  misdemeanors  ; 
but  in  most  of  the  States,  the  more  important  j)ublic 
offences  come  under  the  cognizance  of  the  ordinary  tri- 
bunals. 

Thus,  the  election  of  public  officers,  or  the  inalienability 
of  their  functions,  tlie  absence  of  a  gradation  of  powers, 
and  the  introduction  of  judicial  action  over  the  secondary 
branches  of  the  administration,  are  the  principal  and  uni- 
versal characteristics  of  the  American  system  from  INIaine 
to  the  Floridas.  In  some  States  (and  that  of  New  York 
has  advanced  most  in  this  direction)  traces  of  a  centralized 
administration  beo;in  to  be  discernible.  In  the  State  of 
New^  York,  the  officers  of  the  central  government  exercise, 
in  certain  cases,  a  sort  of  inspection  or  control  over  the 
secondary  bodies. f     At  other  times,  they  constitute  a  sort 

*  In  some  of  the  Southern  States,  tlie  county  courts  arc  charj^ed  with  all 
the  detail  of  the  administration.  See  the  Statutes  of  the  State  of  Tennessee, 
Art.  JuDiciAKT,  Taxes,  &c. 

t  For  instance,  the  direction  of  public  instniction  is  centralized  in  the 
hands  of  the  government.  Tiie  legislature  names  the  members  of  the  Uni- 
versity, who  are  denominated  Kegents ;  tlie  Governor  and  Lieutenant-Gov- 
ernor of  the  State  are  necessarily  of  the  number.  The  Regents  of  the 
University  annually  visit  the  colleges  and  academies,  and  make  their  report 
to  the  Icgislatiu'e.  Their  superintendence  is  not  inefficient,  for  several  rea- 
sons :  the  Colleges,  in  order  to  become  corporations,  stand  in  need  of  a  char- 


TOWNSHIPS   AND   iMUNICIPAL   HODIF.S. 


103 


of  court  of  ;ip))i';il  for  the  decision  of  affiiirs.*  In  tlie 
State  of  New  York,  judicial  penalties  arc  less  used  than 
in  other  places  as  a  means  of  administration  ;  and  the  right 
of  prosecuving  the  offences  of  j)ublic  officers  is  vested  in 
fewer  hands. f  The  same  tendency  is  tliintly  observable 
in  some  other  States  ;  J  but,  in  general,  the  prominent 
feature  of  the  administration  in  the  United  States  is  its 
excessive  decentralization. 


kth  all 
lessee, 

the 
Uni- 
-Gov- 
If  the 
report 
ll  rea- 
char- 


ter,  wliicli  is  only  jrrantnl  on  the  rcoommcmlation  of  the  Ilcpents :  every 
year,  funds  are  distrilmted  by  tlie  State  for  the  cncoiiraffomcnt  of  learnin}», 
and  the  IJej^eiits  arc  the  distril)Utors  of  tliis  money.  The  school-commis- 
sioners are  ohli^ed  to  send  an  annual  report  to  the  general  Su])erintendent 
of  the  Schools.  A  similar  report  is  annually  made  to  the  same  person  ou 
the  number  and  condition  of  the  poor. 

*  If  any  one  conceives  himself  to  be  wronped  by  the  scliool-commission- 
ers  (who  arc  town  officers),  he  can  appeal  to  tlie  Superintendent  of  the  Pri- 
mary Schools,  whose  decision  is  final. 

Provisions  similar  to  those  above  cited  are  to  be  met  with  from  time  to 
time  in  the  laws  of  the  State  of  New  York ;  but,  in  general,  these  attempts 
at  centralization  are  feeble  and  unproductive.  The  great  axithorities  of  the 
State  have  the  riglit  of  watchin,'^  and  controlling  the  subordinate  agents, 
without  that  of  rewarding  or  punishing  them.  The  same  individual  is 
never  empowered  to  give  an  order  and  to  punish  disobedience ;  he  has,  there- 
fore, the  right  of  commanding,  without  the  means  of  exacting  compliance. 
In  1830,  the  Superintendent  of  Schools,  in  his  aimual  report  to  the  legis- 
lature, complained  that  several  school-commissioners  had  neglected,  notwith- 
standing his  application,  to  furnish  him  with  the  accounts  which  were  due. 
He  added  that,  if  this  omission  continued,  he  should  be  obliged  to  prosecute 
them,  as  the  law  directs,  before  the  proper  tribunals. 

t  Thus,  the  district-attorney  is  directed  to  recover  all  fines  below  the  sura 
of  fifty  dollars,  unless  such  a  right  has  been  specially  awarded  to  another 
magistrate. 

J  Several  traces  of  centralizat'on  may  be  discovered  in  Massachusetts ; 
for  instance,  tlie  committees  of  the  town  schools  are  directed  to  make  an 
annual  report  to  the  Secretary  of  State. 


104 


If 

llm 

iu 


DKMOCUACY   IN   AJIKUICA. 


OF  THE  STATE. 


I  HAVE  (It'scrihed  the  townslnjjs  iiiul  the  adiuiiiistratlon  ; 
it  now  reiuaiiis  tor  iiic  to  spcuk  of  tlic  Statu  and  tlio  ^ov- 
ommuiit.  Tliis  i.s  nroiind  1  may  pass  over  rapidly,  wirlioiit 
iear  of  beiii^-  misunderstood;  for  all  I  have  to  say  is  to  be 
found  in  the  vai'ious  written  constitutions,  eo[)ies  of  which 
are  easily  to  he  procured.  These  constitutions  rest  upon 
II  shnple  and  rational  theory ;  most  of  their  forms  have 
been  adopted  by  all  constitutional  nations,  and  are  become 
familiar  to  us. 

Here,  then,  I  have  only  to  give  a  brief  account ;  I  shall 
endeavor  afterwards  to  pass  judgment  upon  what  1  now 
describe. 

LEGISLATIVE    POWER    OF   THE   STATE. 

Division  of  the  Lc<;islative  Body  into  two  Houses.  —  Senate,  —  House  of 
Representatives.  —  Different  Functions  of  these  two  Bodies. 

The  legislative  power  of  the  State  is  vested  in  two 
assemblies,  the  first  of  which  generally  bears  the  iiumc 
of  the  Senate. 

The  Senate  is  commonly  a  legislative  body  ;  but  it  some- 
times becomes  an  executive  and  judicial  one.  It  takes  part 
in  the  government  in  several  Avays,  according  to  the  con- 
stitution of  tlie  different  States  ;  *  but  it  is  in  the  nomina- 
tion of  public  functionaries  that  it  most  commonly  assumes 
an  executive  po"\ver.  It  partakes  of  judicial  power  in  the 
tiial  of  certain  political  offences,  and  sometimes  also  in  the 
decision  of  certain  civil  cases. f  The  number  of  its  mem- 
bers is  always  small. 

The  other  branch  of  the  legislature,  which  is  usually 

*  In  Massachusetts,  the  Senate  is  not  invested  with  any  administrative 
functions. 

t  As  in  the  State  of  New  York. 


Tin:    STATE. 


t»» 


1 


he 
11- 

h 


called  the  IIouso  of  Roprcsontatlvos,  luis  no  sliaro  what- 
ever ill  the  adiu'mistration,  and  takes  a  part  in  the  jiidii-ial 
])Ower  only  as  it  iuipeaehes  pnbHc  functionaries  before  the 
Senate. 

The  members  of  the  two  houses  are  nearly  eM'rywhere 
subject  to  the  same  conditions  of  eli<j;ibility.  They  are 
chosen  in  the  same  manner,  and  by  the  same  citizens. 
The  only  difference  which  exists  between  them  is,  that  the 
term  for  which  the  Senate  is  chosen  is,  in  general,  lonrrer 
than  that  of  the  House  of  Rej)resentatives.  The  latter 
seldom  remain  in  otHce  longer  than  a  year ;  the  former 
usually  sit  two  or  three  yeai's. 

By  granting  to  the  senators  the  privilege  of  being  chosen 
for  several  years,  and  being  renewed  ftcriatliti^  the' law  takes 
care  to  preserve  in  the  legislative  body  a  nucleus  of  men 
already  accustomed  to  public  business,  and  capable  of  exer- 
cising a  salutary  influence  upon  the  new-comers. 

The  Americans  plaiidy  did  not  desire,  by  this  se})aration 
of  the  legislative  body  into  two  branches,  to  make  one 
house  hereditary  and  the  other  elective,  one  aristocratic 
and  the  other  democratic.  It  was  not  their  object  to  ere- 
ate  in  the  one  a  bulwark  to  power,  whilst  the  other  rej)re- 
sented  the  interests  and  passions  of  the  people.  The  only 
advantages  which  result  from  the  ]»resent  constitution  of 
the  two  houses  in  the  United  States  are,  the  division  of  the 
legislative  power,  and  the  consecpient  check  upon  political 
movements  ;  too-ether  with  the  creation  of  a  tribunal  of 
appeal  for  the  revision  of  the  laws. 

Time  and  experience,  however,  have  convinced  the 
Americans  that,  even  if  these  are  its  only  advantages, 
the  division  of  the  legislative  power  is  still  a  principle  of  the 
greatest  necessity.  Pennsylvania  was  the  only  one  of  the 
United  States  which  at  first  attempted  to  establish  a  single 
House  of  Assembly ;  and  Franklin  himself  was  so  far  car- 
ried away  by  the  logical  consequences  of  the  principle  of 

5* 


i-\ 


100 


DKMOCRACV   IX   AMKHICA. 


the  sovoivI;j;Mty  of  tlio  people,  as  to  liavo  concunvd  in  the 
iiu'iisuri' :  hut  the  I'ennsvlvanijiiis  were  soon  ohlin;cMl  to 
clianoe  the  hiw,  and  to  create  two  houses.  Tlius  the 
]»riMcipK'  of  tlie  (hvision  of  tlie  k';;islative  powi'i'  "was 
Inially  estahhslu-d,  and  its  necessity  may  lienceforward  ho 
n';;ai'(U'd  as  a  (U'nionstrated  trutli.  Tin's  theory,  nearly 
unknown  to  the  ri'pnhlics  of  anticpiity,  —  first  introduced 
into  the  world  ahnost  hy  accident,  like  so  many  other  ^reat 
truths,  and  misunderstood  by  several  modern  nations,  —  is 
at  length  become  an  axiom  in  the  political  science  of  the 
present  age. 


THE   EXECUTIVE   POWER   OF   THE   STATE. 

Office  of  Governor  in  im  Aniericim  State.  —  His  Ilclatiou  to  the  Legislature. 
—  His  lliglits  and  his  Duties.  —  His  Dcpeudeuco  ou  the  reoplo. 

The  executive  power  of  the  State  is  represented  by  the 
Governor.  It  is  not  by  accident  that  I  have  used  this 
word;  the  Governor  represents  this  power,  although  he 
enjoys  but  a  portion  of  its  rights.  The  supreme  magis- 
trate, under  the  title  of  Governor,  is  the  official  moderator 
and  counsellor  of  the  legislature.  He  is  armed  with  a 
veto  or  suspensive  power,  which  allows  him  to  stop,  or  at 
least  to  retard,  its  movements  at  pleasure.  He  lays  the 
wants  of  the  country  before  the  legislative  body,  and  points 
out  the  means  which  he  thinks  may  be  usefully  employed 
in  providing  for  them ;  he  is  the  natiu'al  executor  of  its 
decrees  in  all  the  undertakings  which  interest  the  nation  at 
large.*  In  the  absence  of  the  legislature,  the  Governor  is 
bound  to  take  all  necessary  steps  to  guard  the  State  against 
violent  shocks  and  unforeseen  dangers. 

*  Practically  speaking,  it  is  not  always  the  Governor  who  executes  the 
plans  of  the  Legislature ;  it  often  happens  that  the  latter,  in  voting  a  meas- 
ure, names  special  agents  to  superintend  the  executiou  of  it. 


I   -U 


THE   STATE. 


107 


Tlio  wlioli'  inilitai'v  power  of  tlio  State  is  at  tlu'  disposal 
of  tlio  (Jovonmr.  llu  is  tlic  couimaiulor  of  tlie  militia, 
and  lu'ad  of  the  armed  force.  When  tlie  antliority,  whicli 
is  by  <j;eneral  consent  luvurded  to  tlie  hiws,  is  disreu;ardi'd, 
the  Governor  puts  himself  at  the  liead  of  tlie  anneil  foreo 
of  the  State,  to  (pu'll  resistance  and  restore  order. 

I^astlv,  the  (Jovernor  takes  no  share  in  the  administra- 
tion  of  the  townships  and  eountii's,  except  it  be  indirectly 
in  the  nomination  of  Justices  of  the  Peace,  which  nomina- 
tion he  has  not  the  power  to  cancel.* 

The  Governor  is  sin  elected  magistrate,  and  is  n;enerally 
chosen  for  one  or  two  years  only  ;  so  that  he  always  con- 
tinues to  be  strictly  dependent  upon  the  majority  who  re- 
turned hun. 


POLITICAL  EFFECTS   OF  DECENTRALIZED   ADMINISTRATION   IN 

THE   UNITED    STATES. 

Necessary  Distinction  between  a  Centralized  Government  and  a  Centralized 
Administration.  —  Administration  not  Centralized  in  the  United  States  : 
great  Centralization  of  the  Government.  —  Some  bad  Consequences  re- 
sultiuj:;  to  the  United  States  from  the  extremely  decentralized  Adminis- 
tration.—  Administrative  Advantajics  of  this  Order  of  Tiiin<;s.  —  Tiio 
Power  which  administers  is  less  Ucyular,  less  Knlighteiied,  less  Learned, 
but  much  greater  than  in  Europe.  —  l'oliti<'al  Advantages  of  this  (Jrder 
of  Things.  —  In  the  United  States,  the  Country  makes  itself  felt  every- 
where. —  Support  given  to  the  Government  by  the  Community.  —  Pro- 
viucial  Institutions  more  necessary  in  Proportion  as  the  social  Condition 
becomes  more  Democratic.  —  Reason  of  this. 


Centralization  is  a  word  in  general  and  daily  use, 
without  any  precise  meaning  being  attached  to  it.  Never- 
theless, there  exist  two  distinct  kinds  of  centralization, 
which  it  is  necessary  to  discriminate  with  accuracy. 

*  In  some  of  the  States,  justices  of  the  peace  are  not  appointed  by  the 
Govcruor. 


108 


DEMOCRACY   IN  AMERICA. 


Certain  interests  are  common  to  all  ])arts  of  a  nation, 
sncli  as  the  enactment  of  its  general  laws,  and  the  main- 


tenance  of  its  forei 


irn   re 


lat 


ions. 


Otl 


ler  interests  arc  pe- 


culiar to  certain  parts  of  the  nation  ;  such,  for  instance,  as 
the  business  of  the  several  townships.  When  the  power 
which  directs  the  former  or  general  interests  is  concen- 
trated in  one  place  or  in  the  same  persons,  it  constitutes  a 
centralized  government.  To  concentrate  in  like  manner 
into  one  place  the  direction  of  the  latter  or  local  interests, 
constitutes  what  may  be  termed  a  centralized  adminis- 
tration. 

Upon  some  points,  these  two  kinds  of  centralization  co- 
incide ;  but  by  classitying  the  objects  which  fall  more  par- 
ticularly within  the  province  of  each,  they  may  easily  be 
distinouished. 

It  is  evident  that  a  centrahzed  government  acquires 
immense  power  when  united  to  centralized  administration. 
Thus  combined,  it  accustoms  men  to  set  their  own  will 
habitually  and  completely  aside ;  to  submit,  not  only  for 
once,  or  upon  one  point,  but  in  every  respect,  and  at  all 
times.  Not  only,  therefore,  does  this  union  of  power  sub- 
due them  compulsorily,  but  it  affects  their  ordinary  habits ; 
it  isolates  them,  and  then  influences  each  separately. 

These  two  kinds  of  centralization  mutually  assist  and 
attract  each  other ;  but  they  must  not  be  supposed  to  be 
inseparable.  It  is  impossible  to  imagine  a  more  comj)letely 
centralized  government  than  that  which  existed  in  France 
under  Louis  XIV. ;  when  the  same  individual  was  the 
author  and  the  interpreter  of  the  laws,  and  the  representa- 
tive of  France  at  home  and  abroad,  he  was  justified  in 
asserting  that  he  constituted  the  state.  Nevertheless,  the 
administration  was  much  less  centralized  under  Louis  XIV. 
than  it  is  at  the  present  day. 

In  England,  the  centralization  of  the  government  is 
caiTied   to   great   perfection ;    the    state   has    the  compact 


THE    STATE. 


101) 


he 


IS 

lict 


vigor  of  one  man,  and  its  will  pnts  immense  masses  in 
motion,  and  turns  its  whole  power  where  it  pleases.  But 
Eno-land,  which  has  done  so  o;reat  thino-s  for  the  last  fifty 
years,  has  never  centralized  its  administration.  Indeed,  I 
cannot  conceive  that  a  nation  can  live  and  prosper  without 
a  powerful  centralization  of  government.  But  I  am  of 
opinion  that  a  centralized  administration  is  fit  only  to  ener- 
vate the  nations  in  which  it  exists,  by  incessantly  dimin- 
ishing their  local  spirit.  Although  such  an  administration 
can  bring  together  at  a  given  moment,  on  a  given  j)oint, 
all  the  disposable  resources  of  a  people,  it  injures  the  re- 
newal of  those  resources.  It  may  insure  a  victory  in  the 
hour  of  strife,  but  it  gradually  relaxes  the  sinews  of 
strength.  It  may  help  admirably  the  transient'  greatness 
of  a  man,  but  not  the  durable  prosperity  of  a  nation. 

Observe,  that  whenever  it  is  said  that  a  state  cannot  act 
because  it  is  not  centralized,  it  is  the  centralization  of  the 
government  which  is  spoken  of.  It  is  frequently  asserted, 
and  we  assent  to  the  proposition,  that  the  German  empire 
has  never  been  able  to  bring  all  its  powers  into  action. 
But  the  reason  was,  that  the  state  was  never  able  to  en- 
force obedience  to  its  general  laws  ;  the  several  members 
of  that  great  body  always  claimed  the  right,  or  found  the 
means,  of  refusing  their  co-operation  to  the  representatives 
of  the  common  authority,  even  in  the  affairs  which  con- 
cerned the  mass  of  the  people  ;  in  other  words,  there  was 
no  centralization  of  government.  The  same  remark  is 
applicable  to  the  jNIiddle  Ages  ;  the  cause  of  all  the  mis- 
eries of  feudal  society  was,  that  the  control,  not  only  of 
administration,  but  of  crovernment,  was  divided  amono;st  a 
thousand  hands,  and  broken  up  in  a  thousand  different 
ways.  The  want  of  a  centralized  government  prevented 
the  nations  of  Europe  from  advancing  with  energy  in  any 
straightforward  course. 

We  have  shown  that,  in  the  United  States,  there  is  no 


m 


110 


DEMOCRACY  IN  AMERICA. 


h  1.1 


'  I  ■•  i 


I'  r 


e  1 


centralized  administration,  and  no  hierarchy  of  public  func- 
tionaries. Local  authority  has  been  carried  farther  than 
any  European  nation  could  endure  without  great  incon- 
venience, and  it  has  even  produced  some  disadvantageous 
consequences  in  America.  But  in  the  United  States,  the 
centralization  of  the  government  is  perfect ;  and  it  would 
be  easy  to  prove  that  the  national  power  is  more  concen- 
trated there  than  it  has  ever  been  in  the  old  nations  of 
Europe.  Not  only  is  there  but  one  legislative  body  in 
each  State,  —  not  only  does  there  exist  but  one  source  of 
political  authority,  —  but  numerous  assemblies  in  districts 
or  counties  have  not,  in  general,  been  multiplied,  lest  they 
should  be  tempted  to  leave  their  administrative  duties  and 
interfere  w^ith  the  government.  In  America,  the  legisla- 
ture of  each  State  is  supreme;  nothing  can  impede  its 
authority,  —  neither  privileges,  nor  local  immunities,  nor 
personal  influence,  nor  even  the  empire  of  reason,  since  it 
represents  that  majority  Avhicli  claims  to  be  the  sole  organ 
of  reason.  Its  own  determination  is,  therefore,  the  only 
limit  to  its  action.  In  juxta])Osition  with  it,  and  under  its 
immediate  control,  is  the  rej)resentative  of  the  executive 
power,  whose  duty  it  is  to  constrain  the  refractory  to  sub- 
mit by  superior  force.  The  only  symptom  of  weakness 
lies  in  certain  details  of  the  action  of  the  government. 
The  American  republics  have  no  standing  armies  to  in- 
timidate a  discontented  minority ;  but  as  no  minority  has 
as  yet  been  reduced  to  declare  open  war,  the  necessity  of 
an  army  has  not  been  felt.  The  State  usually  employs  the 
officers  of  the  township  or  the  county  to  deal  with  the  citi- 
zens. Thus,  for  instance,  in  New  England,  the  town 
assessor  fixes  the  rate  of  taxes  ;  the  town  collector  receives 
them ;  the  town  treasurer  transmits  the  amount  to  the  pub- 
lic treasury ;  and  the  disputes  which  may  arise  are  brought 
before  the  ordinary  courts  of  justice.  This  method  of  col- 
lecting taxes  is  sIoav  as  well  as  inconvenient,  and  it  would 


I  m 


It  lip 


THE   STATE. 


Ill 


prove  a  perpetual  liiiulrance  to  a  government  -vvliose  pecu- 
niary demands  were  large.  It  is  desirable  that,  in  what- 
ever materiallv  affects  its  existence,  the  government  should 
be  served  by  officers  of  its  own,  appointed  by  itself,  re- 
movable at  its  pleasure,  and  accustomed  to  raj)id  methods 
of  proceeding.  But  it  will  always  be  easy  for  the  central 
government,  organized  as  it  is  in  America,  to  introduce 
more  enero-etic  and  efficacious  modes  of  action  according 
to  its  wants. 

The  want  of  a  centralized  government  will  not,  then,  as 
has  often  been  asserted,  prove  the  destruction  of  the  re- 
publics of  the  New  World ;  far  from  the  American  gov- 
ernments being  not  sufficiently  centralized,  I  shall  prove 
hereafter  that  they  are  too  much  so.  The  legislative 
bodies  daily  encroach  upon  the  authority  of  the  govern- 
ment, and  their  tendency,  like  that  of  the  French  Conven- 
tion, is  to  appropriate  it  entirely  to  themselves.  The  social 
power  thus  centralized  is  constantly  changing  hands, 
because  it  is  subordinate  to  the  power  of  the  people.  It 
often  forgets  the  maxims  of  wisdom  and  foresioht  in  the 
consciousness  of  its  strength.  Hence  arises  its  danger. 
Its  vigor,  and  not  its  impotence,  will  probably  be  the  cause 
of  its  ultimate  destruction. 

The  system  of  decentralized  administration  produces 
several  different  eff^ects  in  America.  The  Americans  seem 
to  me  to  have  outstepped  the  limits  of  sound  policy,  in 
isolating  the  administration  of  the  government :  for  order, 
even  in  secondary  affairs,  is  a  matter  of  national  impor- 
tance.*    As  the  State  has  no  administrative  functionaries 


*  si' 


*  The  authority  wliich  represents  the  State  ought  not,  I  tliink,  to  waive 
the  right  of  inspecting  the  local  administration,  even  when  it  docs  not  itself 
administer.  Suppose,  for  instance,  that  an  agent  of  the  government  was 
stationed  at  some  appointed  spot  in  each  county,  to  prosecute  tiic  misde- 
meanors of  the  town  and  county  officers,  would  not  a  more  uniform  order 
be  the  result,  without  in  any  way  compromising  the  indopendonce  of  the 


}12 


DEMOCRACY   IN   AMKIJICA. 


of  its  own,  stationed  on  different  points  of  its  territory,  to 


fi 


'■■  k; 


h 


)ulse,  til 


common  ]m})uise,  tne  conse(iuence  is, 
that  it  rarely  attempts  to  issue  any  f^eneral  police  regula- 
tions. The  want  of  these  regulations  is  severely  felt,  and 
is  frefjuc'itly  observed  by  Europeans.  The  appearance  of 
disoi'der  which  prevails  on  the  surface  leads  him  at  first  to 
imagine  that  society  is  in  a  state  of  anarchy:  nor  does  he 
perceive  his  mistake  till  he  has  gone  deeper  into  the  sub- 
ject. Certain  undertakings  are  of  importance  to  the  whole 
State ;  but  they  cannot  be  put  in  execution,  because  there 
is  no  State  administration  to  direct  them.  Abandoned 
to  the  exertions  of  the  towns  or  counties,  under  the  care 
of  elected  and  temporary  agents,  they  lead  to  no  result,  or 
at  least  to  no  durable  benefit. 

The  partisans  of  centralization  in  Europe  are  wont  to 
maintain  that  the  government  can  administer  the  affairs  of 
each  locality  better  than  the  citizens  could  do  it  for  them- 
selves :  tljs  may  be  true,  when  the  central  power  is  en- 
lightened, and  the  local  authorities  are  ignorant;  when  it 
is  aleit^  and  they  are  slow ;  when  it  is  accustomed  to  act, 
and  they  to  obey.  Indeed,  it  is  evident  that  this  double 
tendency  must  augment  with  the  increase  of  centralization, 
and  that  the  readiness  of  the  one  and  the  incapacity  of  the 
others  must  become  more  and  more  prominent.  But  I 
deny  that  it  is  so,  wIk  i  the  people  are  as  enlightened,  as 
awake  to  their  interests,  and  as  accustomed  to  reflect  on 


township  ?  Nothing  of  the  kind,  however,  exists  in  America :  there  is  noth- 
ing above  tlie  county  courts,  wliicli  liavc,  as  it  were,  only  an  incidental  cog- 
nizance of  the  administrative  oftencos  they  ought  to  repress. 

[Mr.  Spencer  properly  remarks,  that  "  such  an  agent  as  tlic  author  liere 
suggests  would  soon  come  to  be  considered  a  public  informer,  the  most  odi- 
ous of  all  characters  in  the  United  States ;  and  he  would  lose  all  efficiency 
and  strength."  Whereas,  as  it  is,  the  constant  presence  of  the  district  attor- 
ney, and  the  meeting  of  a  ^rand  jury  three  or  four  times  a  year  in  every 
county,  to  whom  every  aggrieved  poison  lias  free  access,  are  sufficient  pre- 
cautious against  the  misconduct  or  neglect  of  the  local  otHccrs.  —  Am.  Ed.] 


THE  STATE. 


113 


or 


Loth- 
Icog- 

pcrc 
lodi- 
picy 
ttor- 
[•eiy 

CD.] 


tlicm,  as  the  Americans  are.  T  am  persuaded,  (^n  the  con- 
trary, that,  ill  this  ease,  the  collective  strength  of  the  citi- 
zens will  always  conduce  more  efficaciously  to  the  i)ul)lic 
welfare  than  the  authority  of  the  government.  I  know  it 
is  difficult  to  point  out  with  certainty  the  means  of  arous- 
ing a  sleeping  population,  and  of  giving  it  passions  and 
knowledge  which  it  does  not  possess ;  it  is,  I  am  well 
aware,  an  arduous  task  to  persuade  men  to  busy  themselves 
about  their  own  affiiirs.  It  would  frecjuently  be  easier  to 
interest  them  in  the  punctilios  of  court  etiquette,  than  in 
the  repairs  of  their  common  dwelling.  But  whenever  a 
central  administration  affects  completely  to  supersede  the 
persons  most  interested,  I  believe  that  it  is  eitlu  r  misled,  or 
desirous  to  mislead.  However  enlio-htened  and  -skilful  a 
central  power  may  be,  it  cannot  of  itself  embrace  all  the 
details  of  the  life  of  a  great  nation.  Such  vigilance  ex- 
ceeds the  powers  of  man.  And  when  it  attempts  unaided 
to  create  and  set  in  motion  so  many  complicated  springs,  it 
must  submit  to  a  very  imperfect  result,  or  exhaust  itself  in 
bootless  efforts. 

Centralization  easily  succeeds,  indeed,  in  subjecting  the 
external  actions  of  men  to  a  certain  uniformity,  which  we 
come  at  last  to  love  for  its  own  sake,  inde})endently  of  the 
objects  to  which  it  is  applied,  like  those  devotees  who  Avor- 
ship  the  statue,  and  forget  the  deity  it  represents.  Cen- 
tralization imparts  without  difficulty  an  admirable  regular- 
ity to  the  routine  of  business ;  provides  skilfully  for  the 
details  of  the  social  police ;  represses  small  disorders  and 
petty  misdemeanors ;  maintains  society  in  a  ^iatii  quo  alike 
secure  from  improvement  and  decline  ;  and  perpetuates  a 
di'owsy  regularity  in  the  conduct  of  affiiirs,  which  the  heads 
of  the  administration  are  wont  to  call  good  order  and  pub- 
lic tranquillity  ;  *  in  short,  it  excels  in  prevention,  but  not 

*  China  appears  to  me  to  present  the  most  perfect  instance  of  that  spe- 
cies of  well-being  which  a  highly  centraUzed  administration  may  furnish  to 

H 


v\ 


i 


■,- 


'  'If 


i. 


Ill 


DEMOCRACY  IX   AMKUICA. 


in  action.*  Its  force  deserts  it,  wlien  society  is  to  be  pro- 
foundly moved,  or  accelerated  in  its  course  ;  and  if  once 
the  co-operation  of  private  citizens  is  necessaiy  to  the  fur- 
therance of  its  measures,  the  secret  of  its  impotence  is  dis- 
closed. Even  whilst  the  centrahzed  power,  in  its  des])air, 
invokes  the  assistance  of  the  citizens,  it  says  to  them:  "You 
shall  act  just  as  I  please,  as  much  as  I  j)lease,  and  in  the 
direction  which  I  please.  You  are  to  take  charge  of  the 
details,  without  aspiring  to  guide  the  system ;  you  are  to 
work  in  darkness ;  and  afterwards  you  may  judge  my 
work  bv  its  results."  These  are  not  the  conditions  on 
wliicli  the  alliance  of  the  human  will  is  to  be  obtained  ;  it 
must  be  free  in  its  gait,  and  responsible  for  its  acts,  or 
(such  is  the  constitution  of  man)  the  citizen  had  rather 
remain  a  passive  spectator,  than  a  dependent  actor,  in 
schemes  with  whicli  he  is  unacquainted. 

It  is  undeniable,  that  the  want  of  those  unifonn  rcgida- 
tions  which  control  the  conduct  of  every  inhabitant  of 
France,  is  not  unfrequently  felt  in  the  United  States. 
Gross  instances  of  social  indifference  and  neo;lect  are  to 
be  met  wath ;  and  from  time  to  time,  disgi'aceful  blemishes 
are  seen,  in  complete  contrast  with  the  surrounding  civili- 
zation. Useful  undertakings,  which  cannot  succeed  with- 
out perpetual  attention  and  rigorous  exactitude,  are  fre- 
quently abandoned  ;  for  in  America,  as  well  as  in  other 
countries,  the  people  proceed  by  sudden  impulses  and 
momentary  exertions.  The  European,  accustomed  to  find 
a  fiinctionary  always  at  hand  to  interfere  with  all  he  un- 
its subjects.  Travellers  assure  us  that  the  Chinese  have  tranquillity  without 
happiness,  industry  without  improvement,  stability  without  strength,  and 
public  order  without  public  morahty.  The  condition  of  society  there  is 
always  tolerable,  never  excellent.  I  imagine  that,  when  China  is  opejied 
to  European  observation,  it  will  be  found  to  contain  the  most  perfect  model 
of  a  centralized  administration  which  exists  in  the  universe. 

*  This  is  a  lively  and  faithful  description  of  the  system  which  Dickens  has 
taught  U8  to  stigmatize  by  the  name  of  "red-tape."  —  Am.  Ed. 


TIIK   STATE. 


115 


Hnd 
lun- 


has 


clertakos,  rocoiicik's  liimsolf  witli  (lifficnlty  to  tlio  connilcx 
mcflianisin  of  the  administration  of  the  townslii])s.  In 
general,  it  may  be  affii'med  that  the  kisser  details  of  tlu' 
police,  which  render  lite  easy  and  comfortal)le,  are  ne«j;k«ct- 
ed  in  America,  hut  that  the  essential  ijuaranties  of  man  in 
society  are  as  strong  there  as  elsewhere.  In  America,  the 
power  which  conducts  the  administration  is  far  less  regidar, 
less  enlightened,  and  less  skilful,  hut  a  hundred-fold  greater, 
than  in  Europe.  In  no  country  in  the  world,  do  the  citi- 
zens make  such  exerti(ms  for  the  common  weal.  I  kn(tw 
of  no  j)eople  who  have  established  schools  so  numerous  and 
efficacious,  j)laces  of  public  worship  better  suited  to  the 
wants  of  the  inhabitants,  or  roads  kept  in  better  re])aii'. 
Uniformity  or  permanence  of  design,  the  mimite  arrange- 
ment of  details,*  and  the  perfection  of  administrative  sys- 
tem, must  not  be  sought  for  in  the  United  States  :    what 

*  A  wTitcr  of  talent,  who,  in  a  comparison  of  the  finances  of  France  witli 
those  of  the  United  States,  lias  proved  tliat  in<:enuity  cannot  always  supply 
the  place  of  t'  t  knowledge  of  facts,  justly  reproaches  the  Americans  for  the 
sort  of  confi^ion  which  exists  in  the  accoiuits  of  the  ex|)enditiirc  in  the  town- 
ships ;  and  after  givinj^  the  model  of  a  Departmental  Biidiret  in  France,  he 
adds :  "  We  are  indehted  to  centralization,  that  admirable  invention  of  a 
great  man,  for  the  order  and  method  which  prevail  alike  in  all  the  municipal 
budgets,  from  the  largest  city  to  the  humblest  commune."  Whatever  may  be 
my  admiration  of  this  result,  when  I  see  the  communes  of  France,  with  their 
excellent  system  of  accounts,  plunged  into  the  gros'icst  ignorance  of  their 
true  interests,  and  abandoned  to  so  incorrigible  an  apathy  that  they  seem  to 
vegetate  rather  than  to  live  ;  when,  on  the  other  hand,  I  observe  the  activity, 
the  information,  and  the  spirit  of  enterprise  in  those  American  townships 
whose  liudgetsare  neither  methodical  nor  uniform;  I  see  that  society  there  is 
always  at  work.  I  an  struck  by  the  spectacle  ;  for  to  my  mind,  the  end  of  a 
good  government  is  to  insure  the  welfare  of  a  people,  and  not  merely  to  estab- 
lish order  in  the  midst  of  its  misery.  I  am  therefore  led  to  suppose,  that 
the  prosperity  of  the  American  townships  and  the  apparent  confusion  of  their 
finances,  the  distress  of  the  French  communes  and  the  perfection  of  their 
budget,  maybe  attributalile  to  the  same  cause.  At  any  rate,  I  am  suspicious 
of  a  good  which  is  united  with  so  many  evils,  and  I  am  not  averse  to  an  evil 
which  is  compensated  by  so  many  benefits. 


n 

\ 


i<i 


110 


DKMOCRACY   IN    AMKKICA. 


I    ; 


M 


we  find  tlioro  is,  tlio  proscncu  of  a  power  wlncli,  if  it  Is 
somowliat  wild,  is  at  least  robust,  and  an  existence  elieek- 
ered  with  accidents,  indeed,  but  full  of  animation  and  ef- 
fort. 

Grantino;,  for  an  instant,  that  the  villaii-es  and  counties 
of  the  United  States  would  be  more  usefully  governed  by  a 
central  authority,  which  they  had  never  seen,  than  by  func- 
tionaries taken  from  among  them,  —  admitting,  for  the  sake 
of  argument,  that  there  would  l)e  more  security  in  Amer- 
ica, and  the  resources  of  society  would  be  better  employed 
there,  if  the  whole  administration  centred  in  a  single  arm, 
—  still  the  j'j'>Z//«m/  advantages  which  the  Americans  derive 
from  their  decentralized  system  would  induce  me  to  prefer 
it  to  the  contrary  plan.  It  profits  me  but  little,  after  all, 
that  a  vigilant  authority  always  j)rotects  the  tranquillity  of 
my  pleasures,  and  constantly  averts  all  dangers  from  my 
])ath,  without  my  care  or  concern,  if  this  same  authority  is 
the  absolute  master  of  my  liberty  and  my  life,  and  if  it  so 
monopolizes  movement  and  life,  that  when  it  languishes 
everything  languishes  around  it,  that  when  it  sleeps  every- 
thing must  sleep,  and  that  when  it  dies  the  state  itself  must 
perish. 

There  are  countries  in  Europe,  where  the  natives  con- 
sider themselves  as  a  kind  of  settlers,  indifferent  to  the  fate 
of  the  spot  which  they  inhabit.  The  greatest  changes  are 
effected  there  without  their  concurrence,  and  (unless  chance 
may  have  apprised  them  of  the  event)  without  their  knowl- 
edge ;  nay,  more,  the  condition  of  his  village,  the  police  of 
liis  street,  the  repairs  of  the  church  or  the  parsonage,  do 
not  concern  him ;  for  he  looks  upon  all  these  things  as  un- 
connected with  himself,  and  as  the  property  of  a  powerful 
stranger  whom  he  calls  the  government.  He  has  only  a 
life-interest  in  these  possessions,  without  the  spirit  of  owner- 
ship or  any  ideas  of  improvement.  This  want  of  interest 
in  his  own  affairs  goes  so  far,  that  if  his  own  safety  or  that 


THE   STATE. 


117 


of  his  cliildivn  is  at  last  endan^ored,  instead  of  trying  to 
avert  the  peril,  lie  will  fold  his  arms,  and  wait  till  the 
whole  nation  comes  to  his  aid.  This  man,  who  has  so 
completely  saeriHced  his  own  free  will,  does  not,  more  than 
any  other  person,  love  ohedience  ;  lie  cowers,  it  is  true, 
before  the  pettiest  ofiici'r ;  hut  he  braves  the  law  with  the 
s[)irit  of  a  conquered  foe,  as  soon  as  its  superior  force  is 
withdrawn:  he  perpetually  oscillates  between  servitude  and 
license. 

When  a  nation  has  arrived  at  this  state,  it  must  either 
chanoe  its  customs  and  its  laws,  or  j)erish  ;  for  the  source 
of  [)ublic  virtues  is  dried  u}) ;  and  tliouoh  it  may  contain 
subjects,  it  has  no  citizens.  Such  communities  are  a  natu- 
ral prey  to  foreign  coiKpiests  ;  and  if  they  do  not  wholly 
disa])])ear  from  the  scene,  it  is  only  because  they  are  sur- 
rounded by  other  nations  similar  or  inferior  to  themselves  ; 
it  is  because  they  still  have  an  indetinable  instinct  of 
patriotism ;  and  an  involuntary  i)ride  in  the  name  of  their 
country,  or  a  vague  reminiscence  of  its  bygone  fame,  suffices 
to  give  them  an  impulse  of  self-preservation. 

Nor  can  the  prodigious  exertions  made  by  certain  nations 
to  defend  a  country  in  which  they  had  lived,  so  to  speak, 
as  strangers,  be  adduced  in  favor  of  such  a  system ;  for  it 
will  be  found  that,  in  these  cases,  their  main  incitement 
was  religion.  The  permanence,  the  glory,  or  the  prosperity 
of  the  nation  were  become  parts  of  their  faith  ;  and  in  de- 
fending their  country,  they  defended  also  that  Holy  City 
of  which  they  were  all  citizens.  The  Turkish  tribes  have 
never  taken  an  active  share  in  the  conduct  of  their  affairs ; 
but  they  accomplished  stupendous  enterprises,  as  long  as  the 
victories  of  the  Sultan  were  triumphs  of  the  Mohammedan 
faith.  In  the  present  age,  they  are  in  rapid  decay,  because 
their  religion  is  departing,  and  despotism  only  remains. 
Montesquieu,  who  attributed  to  absolute  power  an  author- 
ity peculiar  to  itself,  did  it,  as  I  conceive,  an  undeserved 


*  IM 


'!  Ill  I 


118 


DEMOCRACY   IN   AMERICA. 


'Iirl  '|!|| 


honor ;  for  (U'S{)f)tlsin,  taken  by  itself,  can  maintain  notliing 
durahie.  On  close  inspection,  we  shall  find  that  religion, 
and  not  fear,  has  ever  been  the  cause  of  the  long-lived 
})ros|)erity  of  an  absolute  government.  Do  what  yon  may, 
there  is  no  true  power  among  men  except  in  the  free  unic^n 
of  their  will ;  and  patriotism  or  religion  are  the  only  two 
motives  in  the  world  which  can  long  urge  all  the  people 
towards  the  same  end. 

Laws  caimot  rekindle  an  extinguished  faith ;  but  men 
may  be  interested  by  the  laws  in  the  fate  of  their  country. 
It  de])ends  upon  the  laws  to  awaken  and  direct  the  vague 
im})ulse  of  patriotism,  which  never  abandons  the  human 
heart ;  and  if  it  be  connected  with  the  thoughts,  the  pas- 
sions, and  the  daily  habits  of  life,  it  may  be  consolidated 
into  a  durable  and  rational  sentiment.  Let  it  not  be  said 
that  it  is  too  late  to  make  the  experiment ;  for  nations  do 
not  grow  old  as  men  do,  and  every  fresh  generation  is  a 
new  people  ready  for  the  care  of  the  legislator. 

It  is  not  the  administrative,  but  the  political  effects  of 
decentralization,  that  I  most  admire  in  America.  In  the 
United  States,  the  interests  of  the  country  are  everywhere 
kept  in  view  ;  they  are  an  object  of  solicitude  to  the  })eople 
of  the  whole  Union,  and  every  citizen  is  as  warmly  attached 
to  them  as  if  they  were  his  own.  He  takes  pride  in  the 
glory  of  his  nation  ;  he  boasts  of  its  success,  to  which  he 
conceives  himself  to  have  contributed ;  and  he  rejoices  in 
the  general  prosperity  by  which  he  profits.  The  feeling 
he  entertains  toward  the  state  is  analogous  to  that  which 
unites  him  to  his  family,  and  it  is  by  a  kind  of  selfishness 
that  he  interests  himself  in  the  welfare  of  his  country. 

To  the  European,  a  public  officer  represents  a  superior 
force ;  to  an  American,  he  represents  a  right.  In  America, 
then,  it  may  be  said  that  no  one  renders  obedience  to  man, 
but  to  justice  and  to  law.  If  the  opinion  which  the  citizen 
entertains  of  himself  is  exaggerated,  it  is  at  least  salutary ; 


-•    ■    'A 


jwwrtvf?-  fflt  jutt. 


jnor 
L'ica, 
liiaii, 
tizen 


THE   STATE. 


119 


he  unlK'.sitatin;j;ly  confides  In  liis  own  powors,  which  appear 
to  liim  to  lu'  aii-suMicicnt.  Wiicn  a  private  indivithial 
meditates  an  nn(h'i'takinii-,  however  directly  contiected  it 
may  he  with  tlie  welfiu'e  of  society,  lie  ni'ver  thinks  of 
solicitin;^'  the  eo-operation  of  the  o()verinnent  ;  hut  he  puh- 
hslies  his  plan,  ofl^'ers  to  execute  it,  courts  the  assistance  of 
other  hidividuals,  and  struggles  manfully  a<2;ainst  all  obsta- 
cles. Un(U)ul)tedly  he  is  often  less  successful  than  the  state 
might  have  been  in  his  position  ;  but  in  the  end,  the  sum 
of  these  private  undertakings  far  exceeds  all  that  the  gov- 
ernment could  have  done. 

As  the  administrative  authority  is  within  the  reacli  of 
the  citizens,  whom  in  some  degree  it  represents,  .it  excites 
neither  their  jealousy  nor  hatred:  as  its  resources  are  limit- 
ed, every  one  feels  that  he  must  not  rely  solely  on  its  aid. 
Thus,  when  the  administration  thinks  fit  to  act  within  its 
own  limits,  it  is  not  aband(med  to  itself,  as  in  Europe ,  the 
duties  of  privai;e  'citizens  are  not  sui)posed  to  have  lapsed 
because  the  state  has  come  into  action  ;  but  every  one  is 
ready,  on  the  contrary,  to  guide  and  support  it.  This 
action  of  individuals,  joined  to  that  of  the  public  authori- 
ties, frequently  accomplishes  what  the  most  energetic  cen- 
tralized administration  would  be  unable  to  do.* 

It  would  be  easy  to  adduce  several  facts  in  proof  of 
what  I  advance,  but  I  had  rather  give  only  one,  with 
which  I  am  best  acquainted.  In  America,  the  means 
which  the  authorities  have  at  their  disposal  for  the  discov- 
ery of  crimes  and  the  arrest  of  criminals  are  few.  A  state 
police  does  not  exist,  and  passports  are  unknown.  The 
criminal  police  of  the  United  States  cannot  be  compared  to 
that  of  France ;  the  magistrates  and  public  agents  are  not 
numerous ;  they  do  not  always  initiate  the  measures  for 
arresting  the  guilty ;  and  the  examinations  of  prisoners  are 
rapid  and  oral.      Yet  I  believe  that  in  no  country  does 

*  See  Aipcndix  I. 


l!:i! 


120 


Dli.MUCHACV    IN    AMIIKICA. 


n 

■ 

'm™ 

1 

4 

i  ,'1  ■- 

crime  more  rarely  elude  ))unislimetit.  The  retison  is,  that 
every  one  coiu'elves  himself  to  l)e  interested  in  tin'nishin^j; 
evidence  of  the  crime,  and  in  seizin}^  the  dfliii(|in'nt. 
Durin^i;  my  •'^ti'y  in  the  United  States,  I  witnessed  the 
spontaneous  formation  of  connnittees  in  a  county  foi*  the 
jtursuit  and  prosecution  of  a  man  who  had  coinmitti'd  u 
^reat  crime.  In  Kurope,  a  criminal  is  an  unhappy  man 
who  is  stru^<;lino;  for  his  lite  against  the  agents  of  j)o\ver, 
whilst  the  peoj)le  are  merely  a  spectator  of  the  conflict :  in 
America,  he  is  looked  ujjou  as  an  enemy  of  the  human 
race,  and  the  whole  of  maid^ind  is  anainst  him. 

I  believe  that  provincial  institutions  are  usefid  to  all 
nations,  but  nowhere  do  they  apj)ear  to  me  to  be  more 
necessary  than  amonost  a  democratic  people.  In  an  aris- 
tocracy, order  can  always  be  maintained  in  the  midst  of 
liberty ;  anci  as  the  rulers  have  a  great  deal  to  lose,  order 
is  to  them  a  matter  of  great  interest.  In  like  manner,  an 
ai'istocracy  protects  the  })('0])le  from  the  excesses  of  des- 
potism, because  it  always  possesses  an  organized  })ower 
ready  to  resist  a  despot.  But  a  democracy  without  j)ro- 
vincial  institutions  has  no  security  against  these  evils. 
How  can  a  populace,  unaccustomed  to  freedom  in  small 
concerns,  learn  to  use  it  temperately  in  great  aftairs  ? 
What  resistance  can  be  offered  to  tyranny  in  a  country 
where  each  individual  is  weak,  and  where  the  citizens  are 
not  united  by  any  common  interest?  Those  who  dread 
the  license  of  the  mob,  and  those  who  fear  absolute  power, 
ought  alike  to  desire  the  gradual  development  of  pro\'incial 
liberties. 

I  am  also  convinced,  that  democratic  nations  are  most 
likely  to  fall  beneath  the  yoke  of  a  centralized  administra- 
tion, for  several  reasons,  amongst  which  is  the  following. 

The  constant  tendency  of  these  nations  is  to  concentrate 
all  the  strength  of  the  e;overnment  in  the  hands  of  the 
only  power  which  directly  represents  the  people ;  because. 


Tin:  siATE. 


121 


I  are 
?ad 
XT, 
:ial 

lost 
ra- 

late 
the 


beyond  till'  j)('()nl(',  iiotliln^  is  to  !)»•  [KTci'lvctl  hut  a  mass 
of  i'(|iijil  iiidis  idiials.  Hut  wlicii  the  same  jiower  already 
lias  all  the  attrihutes  of  nijvonuiK'nt,  it  can  seai'eejy  re- 
iVaiu  iVoiu  peiietratinn-  iuto  tlie  details  of  the  aduiinis- 
tratioii,  and  an  o|i|»ortuuity  of  {h)iu^  so  is  sui'e  to  presi-ut 
itself  in  tile  Ion;;'  riui,  as  was  the  ease  in  France.  Jn  the 
French  Uevolution,  there  were  two  iinpulst's  in  opposite 
directions,  which  nnist  never  he  confounded  ;  the  one  was 
favorahle  to  lil)erty,  tlie  otlier  to  despotism.  Under  the 
ancient  monarchy,  the  kini"-  was  the  sole  author  of  the 
lawh  ;  and  below  the  powei"  of  the  sovereifjjn,  certain  ves- 
ti«j;es  of  j)rovincial  institutions,  half  desti'oyed,  were  still  dis- 
tinyjuishable.  'i'hese  ])rovincial  institutions  were  incohe- 
rent, ill  arran^^ed,  and  fretpiently  absurd;  in  the  hands  of 
the  aristocracy,  they  had  sometimes  been  convert-ed  into 
instruments  of  ojjpression.  The  Revohitiou  declared  itself 
the  enemy  at  once  of  royalty  and  of  pt  incial  institutions; 
it  confounded  in  iiuUscriminate  hatred  all  that  had  pre- 
ceded it,  —  despotic  power  and  the  checks  to  its  abuses ; 
and  its  tendency  was  at  once  to  republican ize  and  to  cen- 
tralize. This  double  character  of  the  French  Revolution 
is  a  fact  which  has  been  adroitly  handled  by  the  friends  of 
absolute  })ower.  Can  they  be  accused  of  laboring  in  the 
cause  of  despotism,  when  they  are  def.'udino;  that  central- 
ized administration  Avhich  Avas  one  of  the  great  iiniovations 
of  the  Revolution  ?  *  In  this  manner,  popularity  may  be 
united  with  hostility  to  the  rights  of  the  people,  and  the 
secret  slave  of  tyranny  may  be  the  professed  lover  of 
freedom. 

I  have  visited  the  two  nations  in  wlilcli  the  system  of 
provincial  liberty  has  been  most  perfectly  established,  and 
I  have  listened  to  the  opinions  of  different  parties  in  those 
countries.  In  America,  I  met  with  men  who  secretly 
aspired  to  destroy  the  democratic  institutions  of  the  Union  ; 

*  See  Appendix  K. 


I 


; 


1      I 


r.; 


If 


1    I, 


i'lH' 


122 


DEMOCRACY  IN   AMERICA. 


in  England,  I  found  others  who  openly  attacked  the  aris- 
tocracy ;  but  I  found  no  one  who  did  not  regard  provincial 
independence  as  a  great  good.  In  both  countries,  I  heard 
a  thousand  different  causes  assigned  for  the  evils  of  the 
state  ;  but  the  local  system  was  never  mentioned  amongst 
them.  I  heard  citizens  attribute  the  power  and  prosperity 
of  their  country  to  a  multitude  of  reasons ;  but  they  all 
placed  the  advantages  of  local  institutions  in  the  foremost 
rank. 

Am  I  to  suppose  that  when  men,  wdio  are  naturally  so 
divided  on  religious  opinions  and  on  political  theories,  agree 
on  one  point,  (and  that  one  which  they  can  best  judge,  as 
it  is  one  of  which  they  have  daily  experience,)  they  are  all 
in  error  ?  The  only  nations  which  deny  the  utility  of  pro- 
vincial liberties  are  those  which  have  fewest  of  them ;  in 
other  words,  those  only  censm'e  the  institution  who  do  not 
know  it. 


JUDICIAL   POWER   IN   THE   UNITED   STATES. 


123 


CHAPTER    VI. 

JUDICIAL  POWER  IN  THE  UNITED   STATES,   AND  ITS  INFLU- 
ENCE  ON   POLITICAL   SOCIETY. 

The  Anglo-Americans  have  retained  the  Characteristics  of  Judicial  Power 
wluch  are  common  to  other  Nations.  —  They  have,  however,  made  it  a 
powerful  political  Organ.  —  How.  —  In  what  the  Judicial  System  of  the 
Anglo-Americans  differs  from  that  of  all  otlicr  Nations.  —  Why  the 
American  Judges  have  the  Right  of  declaring  Laws  to  he  unconstitu- 
tional. —  How  they  use  this  Right.  —  Precautions  taken  hy  the  Legisla- 
tor to  prevent  its  Abuse. 

I  HAVE  thouglit  it  r\g\\t  to  devote  a  separate  chapter 
to  the  judicial  authorities  of  the  United  States,  lest 
their  great  political  importance  should  be  lessened  in  the 
reader's  eyes  by  a  merely  incidental  mention  of  them. 
Confederations  have  existed  in  other  countries  beside 
America ;  I  have  seen  republics  elsewhere  than  upon  the 
shores  of  the  New  World  alone :  the  representative  system 
of  government  has  been  adopted  in  several  states  of  Eu- 
rope ;  but  I  am  not  aware  that  any  nation  of  the  globe 
has  hitherto  organized  a  judicial  power  in  the  same  man- 
ner as  the  Americans.  The  judicial  organization  of  the 
United  States  is  the  institution  which  a  stranjier  has  the 
greatest  difficulty  in  understanding.  He  hears  the  au- 
thority of  a  judge  invoked  in  the  political  occurrences  of 
every  day,  and  he  naturally  concludes  that,  in  the  United 
States,  the  judges  are  important  political  functionaries : 
nevertheless,  when  he  examines  the  nature  of  the  tribu- 
nals, they  offer  at  the  first  glance  nothing  which  is  con- 
trary to  the  usual  habits  and  privileges  of  those  bodies; 


III  ^i 


'■'■}.i 


Ell 


I 


tf 


if 


i  Ji\ 


■  El 


1    li 


^i; 


'Mi;.:   nil 


f]:i  * 


124 


DEMOCRACY   IN   AMERICA. 


and  the  magistrates  seem  to  him  to  interfere  in  pubh'c 
atf'airs  only  ))y  chance,  but  by  a  chance  which  recurs 
every  day. 

When  tlie  Parliament  of  Paris  remonstrated,  or  refused 
to  register  an  edict,  or  when  it  summoned  a  functionary 
accused  of  malversation  to  its  bar,  its  political  influence  as 
a  judicial  body  was  clearly  visible ;  but  nothing  of  the  kind 
is  to  be  seen  in  the  United  States.  The  Americans  have 
retained  all  the  ordinary  characteristics  of  judicial  author- 
ity, and  have  carefully  restricted  its  action  to  the  ordinary 
circle  of  its  functions. 

The  first  characteristic  of  judicial  power  in  all  nations  is 
the  duty  of  arbitration.  But  rights  must  be  contested  in 
order  to  warrant  the  interference  of  a  tribunal ;  and  an 
action  must  be  brought  before  the  decision  of  a  judge  can 
be  had.  As  long,  therefore,  as  a  law  is  uncontested,  the 
judicial  authority  is  not  called  upon  to  discuss  it,  and  it 
may  exist  without  being  perceived.  When  a  judge  in  a 
given  case  attacks  a  law  relating  to  that  case,  he  extends 
the  circle  of  his  customary  duties,  without,  however,  step- 
ping beyond  it,  since  he  is  in  some  measure  obliged  to 
decide  upon  the  law  in  order  to  decide  the  case.  But  if 
he  pronounces  upon  a  law  without  proceeding  from  a  case, 
he  clearly  steps  beyond  his  sphere,  and  invades  that  of  the 
legislative  authority. 

The  second  characteristic  of  judicial  power  is,  that  it 
pronounces  on  special  cases,  and  not  upon  general  princi- 
ples. If  a  judge,  in  deciding  a  particular  point,  destroys  a 
general  principle  by  passing  a  judgment  which  tends  to 
reject  all  the  inferences  from  that  principle,  and  conse- 
quently to  annul  it,  he  remains  within  the  ordinary  limits 
of  his  functions.  But  if  he  directly  attacks  a  general  prin- 
ciple without  having  a  particular  case  in  view,  he  leaves 
the  circle  in  which  all  nations  have  ao;reed  to  confine  his 
authority ;   he  assumes  a  more  important,  and  perhaps  a 


■■i: 


JUDICIAL   PCn'KR   IN   THE   UNITED   STATES. 


12.') 


if 


more  usefiil  influonco,  tliaii  tlmt  of  the  maoistrate  ;  but  he 
ceases  to  represent  the  judicial  power. 

Tlie  tliird  cluiracteristic  of  tlie  judicial  power  is,  that 
it  can  only  act  when  it  is  called  uj)on,  or  when,  in  legal 
phrase,  it  has  taken  cognizance  of  an  atfair.  This  charac- 
teristic is  less  general  than  the  other  two  ;  but,  notwith- 
standing the  exceptions,  I  think  it  may  be  regarded  as 
essential.  The  judicial  power  is,  by  its  nature,  devoid  of 
action ;  it  must  be  put  in  motion  in  order  to  produce  a 
result.  When  it  is  called  upon  to  repress  a  crime,  it  pun- 
ishes the  criminal ;  when  a  wrong  is  to  be  redressed,  it  is 
ready  to  redress  it ;  when  an  act  requires  interpretation,  it 
is  prepared  to  interi)ret  it ;  but  it  does  not  pursue  criminals, 
hunt  out  wrongs,  or  examine  evidence  of  its  own  accord. 
A  judicial  functionary  who  should  take  the  initiative,  and 
usurp  the  censureship  of  the  laws,  would  in  some  measure 
do  violence  t,     he  passive  nature  of  his  authority. 

The  Ann.  ■  •  have  retained  these  three  distinguishing 
characteristic  j.  the  judicial  power :  an  American  judge 
can  only  r)ronounce  a  decision  when  litigati(m  has  arisen, 
he  is  conversant  only  with  special  cases,  and  he  cannot  act 
until  the  cause  has  been  duly  brought  before  the  court. 
His  position  is,  therefore,  perfectly  similar  to  that  of  the 
magistrates  of  other  nations ;  and  yet  he  is  invested  with 
immense  political  power.  How  comes  that  about?  If 
the  sphere  of  his  authority  and  his  means  of  action  are 
the  same  as  those  of  other  judges,  whence  does  he  derive 
a  power  which  they  do  not  possess  ?  The  cause  of  this 
difference  lies  in  the  simple  fact,  that  the  Americans  have 
acknowledged  the  right  of  the  judges  to  found  their  decis- 
ions on  the  ConMitution  rather  than  on  the  laws.  In  other 
words,  they  have  not  permitted  them  to  apply  such  laws  as 
may  appear  to  them  to  be  unconstitutional. 

I  am  aware  that  a  similar  rioht  has  been  sometimes 
claimed  —  but  claimed  in  vain — by  courts  of  justice  in 


ii 


\i 


'  ;     M 


i^; 

'! 

1 

^  J 
J 

:iil 

i  pr 

i 

II 

il'H;  :ll 

;  ■  I 

i 

I- 
1 

■  ■  J  ■ 


126 


DEMOCRACY   IN   AMERICA. 


otlior  countries ;  but  in  America  it  is  recoo;nizo(I  })y  all  the 
authorities  ;  and  not  a  party,  not  so  much  as  an  individual, 
is  found  to  contest  it.  This  fact  can  be  explained  only  by 
the  principles  of  the  American  constitutions.  In  France, 
the  constitution  is  *  —  or,  at  least,  is  supposed  to  be  —  im- 
mutable ;  and  the  received  theory  is,  that  no  power  has  the 
right  of  changing  any  part  of  it.  In  England,  the  consti- 
tution may  change  continually ;  f  or  rather,  it  does  not  in 
reality  exist ;  the  Parliament  is  at  once  a  legislative  and 
a  constituent  assembly.  The  political  theories  of  America 
are  more  simple  and  more  rational.  An  American  consti- 
tution is  not  supposed  to  be  immutable,  as  in  France  ;  nor 
is  it  susceptible  of  modification  by  the  ordinary  powers  of 
society,  as  in  England.  It  constitutes  a  detached  whole, 
which,  as  it  represents  the  will  of  the  whole  peo}>lo,  is  no 
less  binding  on  the  legislator  than  on  the  private  citizen, 
but  which  may  be  altered  by  the  will  of  the  people  in  pre- 
determined cases,  according  to  established  rules.  In  Amer- 
ica, the  constitution  may  therefore  vary ;  but  as  long  as  it 
exists,  it  is  the  origin  of  all  authority,  and  the  sole  vehicle 
of  the  predominating  force. 

It  is  easy  to  perceive  how  these  diflPerences  must  act  upon 
the  })osition  and  the  rights  of  the  judicial  bodies  in  the  three 
countries  I  have  cited.  If,  in  France^,  the  tribunals  were 
authorized  to  disobey  the  laws  on  the  ground  of  their  being 
opposed  to  the  constitution,  the  constituent  power  Avould  in 
fact  be  placed  in  their  hands,  since  they  alone  would  have 
the  right  of  interpreting  a  constitution,  of  which  no  author- 
ity could  change  the  terms.  They  would,  therefore,  take 
the  place  of  the  nation,  and  exercise  as  absolute  a  sway 
over  society  as  the  inherent  weakness  of  judicial  power 
would  allow  them  to  do.  Undoubtedly,  as  the  French 
judges  are  incom})etent  to  declare  a  law  to  be  unconstitu- 
tional, the  power  of  changing  the  constitution  is  indirectly 


*  See  Appendix  L. 


t  See  Appendix  M. 


JUDICIAL   VOWEll   IN    THE    UNITED   SIATES. 


127 


l>ing 


given  to  the  legislative  body,  since  no  legal  barrier  would 
oppose  the  alterations  which  it  might  prescribe.  But  it  is 
still  better  to  grant  the  power  of  changing  the  constitution 
of  the  people  to  men  who  represent  (however  imperfectly) 
the  will  of  the  people,  than  to  men  who  represent  no  one 
but  themselves. 

It  would  be  still  more  unreasonable  to  invest  the  English 
judges  Avith  the  right  of  resisting  the  decisions  of  the  legis- 
lative body,  since  the  Parliament  which  makes  the  laws 
also  makes  the  constitution ;  and  consequently,  a  law  ema- 
nating; from  the  three  estates  of  the  realm  can  in  no  case 
be  unconstitutional.  But  neither  of  these  remarks  is  appli- 
cable to  America. 

In  the  United  States,  the  constitution  governs  the  legis- 
lator as  much  as  the  private  citizen:  as  it  is  the  first  of 
laws,  it  cannot  be  modified  by  a  law ;  and  it  is  therefore 
just  that  the  tribunals  should  obey  the  constitution  in  pref- 
erence to  any  law.  This  condition  belongs  to  the  very 
essence  of  the  judicature ;  for  to  select  that  legal  obligation 
by  which  he  is  most  strictly  bound,  is  in  some  sort  the 
natural  right  of  every  magistrate. 

In  France,  the  constitution  is  also  the  first  of  laws,  and 
the  judges  have  the  same  right  to  take  it  as  the  ground  of 
their  decisions ;  but  were  they  to  exercise  this  right,  they 
must  perforce  encroach  on  rights  more  sacred  than  their 
own,  namely,  on  those  of  society,  in  whose  name  they  are 
acting.  In  this  case,  reasons  of  state  clearly  prevail  over 
ordinary  motives.  In  America,  where  the  nation  can 
always  reduce  its  magistrates  to  obedience  by  changing 
its  constitution,  no  danger  of  this  kind  is  to  be  feared. 
Upon  this  point,  therefore,  the  political  and  the  logical 
reason  agi'ee,  and  the  people  as  well  as  the  judges  preserve 
their  privileges. 

Whenever  a  law  which  the  judge  holds  to  be  unconsti- 
tutional is  invoked  in  a  tribunal  of  the  United  States,  he 


m 


!■    N 


''It;;'' 


t"; 


m 

■;!:■;-! 


« 


i;ii  ... 


128 


DEMOCRACY   IN   AJIEKICA. 


may  refuse  to  admit  it  as  a  rule ;  this  power  is  the  only  one 
which  is  peculiar  to  the  American  magistrate,  hut  it  gives 
rise  to  immense  })olitical  influence.  In  truth,  few  laws  can 
escape  the  searching  analysis  of  the  judicial  power  for  any 
length  of  time,  for  there  are  few  which  are  not  prejudicial 
to  some  private  interest  or  other,  and  none  which  may  not 
be  brought  before  a  court  of  justice  by  the  choice  of  par- 
ties, or  by  the  necessity  of  the  case.  But  as  soon  as  a 
judge  has  refused  to  apply  any  given  law  in  a  case,  that 
law  immediately  loses  a  portion  of  its  moral  force.  Those 
to  whom  it  is  prejudicial  learn  that  means  exist  of  overcom- 
ing its  authority ;  and  similar  suits  are  multiplied,  until  it 
becomes  powerless.  The  alternative,  then,  is,  that  the 
people  must  alter  the  constitution,  or  the  legislature  must 
repeal  the  law.  The  political  power  which  the  Americans 
have  intrusted  to  their  courts  of  justice  is  therefore  im- 
mense ;  but  the  evils  of  this  power  are  considerably  dimin- 
ished by  the  impossibility  of  attacking  the  laws  except 
through  the  courts  of  justice.  If  the  judge  had  been  em- 
powered to  contest  the  law  on  the  ground  of  theoretical 
generalities,  —  if  he  were  able  to  take  the  initiative,  and  to 
censure  the  legislator,  —  he  would  play  a  prominent  politi- 
cal part ;  and  as  the  champion  or  the  antagonist  of  a  party, 
he  would  have  brought  the  hostile  passions  of  the  nation 
into  the  conflict.  But  when  a  judge  contests  a  law  in  an 
obscure  debate  on  some  particular  case,  the  importance  of 
his  attack  is  concealed  from  public  notice ;  his  decision 
bears  upon  the  interest  of  an  individual,  and  the  law  is 
slighted  only  incidentally.  Moreover,  although  it  is  cen- 
sured, it  is  not  abolished ;  its  moral  force  may  be  dimin- 
ished, but  its  authority  is  not  taken  away  ;  and  its  final 
destruction  can  be  accomplished  only  by  the  reiterated 
attacks  of  judicial  functionaries.  It  will  be  seen,  also, 
that  by  leaving  it  to  private  interest  1  --ensure  the  law, 
and  by  intimately  uniting  the  trial  of       :;  law  with  the 


JUDICIAL   rOWKU   IN   Till-:   UNITKD   SIATKS. 


129 


feiion 

is 

\en- 

lin- 

mal 

Ited 

>o, 

hv, 

the 


trial  of  an  individual,  legislation  is  protected  from  Avanton 
ass.aults,  and  from  tlie  daily  aggressions  of  party  s])irit. 
The  errors  of  the  legislator  are  exposed  only  to  meet  a 
real  want ;  and  it  is  always  a  positive  and  appreciable  liict 
which  must  serve  as  the  basis  of  a  prosecution. 

I  am  inclined  to  believe  this  practice  of  the  American 
courts  to  be  at  once  most  favorable  to  liberty  and  to  public 
order.     If  the  judge  could  on'"  r''     ':  the  legislator  o})enly 
and  directly,  he  would  sometimes  b,      fraid  to  opjxjse  him  ; 
and  at  other  times,  party  spirit  might  encourage   '  m  to 
brave  it  at  every  turn.     The  laws  would  consecpiently  be 
attacked  when  the  power  from  which  they  emanated  was 
weak,  and  obeyed  when  it  was  strong ;  —  that  is  to  say, 
when  it  would  be  useful  to  respect  them,  they  would  often 
be  contested  ;  and  when  it  would  be  easy  to  convert  them 
into  an  instrument  of  oppression,  they  would  be  respected. 
But  the  American  judge  is  brought  into  the  political  arena 
independently  of  his  own  will.     He  only  judges  the  law 
because  he  is  obliged  to  judge  a  case.     The  political  ques- 
tion which  he  is  called  upon  to  resolve  is  connected  with 
the  interests  of  the  parties,  and  he  cannot  refuse  to  decide 
it  without  a  denial  of  justice.     He  performs  his  functions 
as  a  citizen,  by  fulfilling  the  precise  duties  which  belong  to 
his  profession  as  a  magistrate.     It  is  true  that,  upon  this 
system,  the  judicial   censorship    of  the   courts    of  justice 
over  the  legislature  cannot  extend  to  all  laws  indiscrimi- 
nately, inasmuch  as  some  of  them  can  never  give  rise  to 
that  precise  species  of  contest  which  is  teraied  a  lawsuit ; 
and  even  when  such  a  contest  is  possible,  it  may  happen 
that  no  one  cares  to  bring  it  before  a  court  of  justice. 
The  Americans   have  often  felt  this  inconvenience  ;  but 
they  have  left  the  remedy  incomplete,  lest  they  should  give 
it  an  efficacy  which  might  in  some  cases  prove  dangerous. 
Within  these  limits,  the  power  vested  in  the  American 
courts  of  justice,  of  pronouncing  a  statute  to  be  unconsti- 

6*  I 


i       « 


<!Ml. 


I 


130 


DKMOCKACY   IN   AMKRICA. 


•  1    !■ 


tutioiial,  forms  ono  of  tlic  most  powerful  biirriers  whicli 
lias  ever  been  devised  against  the  tyranny  of  political  as- 
semblies. 


OTHER   POWERS    GRANTED   TO    AMERICAN   JUDGES. 

In  the  United  States,  all  the  Citizens  have  the  Right  of  i:  'ttiiif,'  the  Puhlic 
Functionaries  helbrc  the  ordinary  Triliunals.  —  llow  they  use  this  Right. 
—  Art.  75  of  the  French  Constitution  of  the  Year  VIII.  —  The  Ameri- 
cans and  the  Englisli  cannot  understand  the  Purport  of  this  Article. 

It  is  hardly  necessary  to  say  that,  in  a  free  country  like 
America,  all  the  citizens  have  the  right  of  indicting  public 
functionaries  before  the  ordinary  tribunals,  and  that  all  the 
judges  have  the  power  of  convicting  public  officers.  The 
right  granted  to  the  courts  of  justice  of  punishing  the 
agents  of  the  executive  government,  when  they  violate  the 
laws,  is  so  natural  a  one,  that  it  cannot  be  looked  upon  as 
an  extraordinary  privilege.  Nor  do  the  springs  of  govern- 
ment appear  to  me  to  be  weakened  in  the  United  States, 
by  rendering  all  public  officers  responsible  to  the  tribunals. 
The  Americans  seem,  on  the  contrary,  to  have  increased 
by  this  means  that  respect  whicli  is  due  to  the  authorities, 
and  at  the  same  time,  to  have  made  these  authorities  more 
careful  not  to  offi^nd.  I  was  struck  by  the  small  number 
of  pohtical  trials  which  occur  in  the  United  States ;  but  I 
had  no  difficulty  in  accounting  for  this  circumstance.  A 
prosecution,  of  whatever  nature  it  may  be,  is  always  a 
difficult  and  expensive  undertaking.  It  is  easy  to  attack 
a  public  man  in  the  journals,  but  the  motives  for  bringing 
him  before  the  tribunals  must  be  serious.  A  solid  ground 
of  complaint  must  exist,  before  any  one  thinks  of  prosecut- 
ing a  public  officer,  and  these  officers  are  careful  not  to 
furnish  such  grounds  of  complaint,  when  they  are  afraid  of 
being  prosecuted. 


I 

m 


.ii 


|ys  a 
ttack 

)und 
pcut- 
it  to 
of 


JUDICIAL   POWER   IN   THK   UNITKD   STATKS. 


101 


This  does  not  depend  upon  the  republican  form  of  Amer- 
ican institutions,  for  tho  same  thing  happens  in  England. 
These  two  nations  do  not  regard  the  impeachment  of  the 
principal  ofHcers  of  state  as  the  guaranty  of  their  indepen- 
dence. But  they  hold  that  it  is  rather  by  minor  pros(^cu- 
tions,  which  the  humblest  citizen  can  institute  at  any  time, 
that  liberty  is  ])rotected,  and  not  by  those  great  judicial 
procedures,  which  are  rarely  employed  luitil  it  is  too  late. 

In  the  ]\Iiddle  Ages,  when  it  was  very  dithcult  to  reach 
offenders,  the  Judges  inflicted  fi'ightful  j)unishnients  on  the 
tew  who  were  arrested ;  but  this  did  not  diminish  the  num- 
ber of  crimes.  It  has  since  been  discovered  that,  when 
justice  is  more  certain  and  more  mild,  it  is  more  eflica- 
uious.  The  English  and  the  Americans  hold  that. tyranny 
and  oppression  are  to  be  treated  like  any  other  crime,  by 
lessening  the  penalty  and  facilitating  conviction. 

In  the  year  VIII.  of  the  French  Republic,  a  constitution 
was  drawn  up  in  which  the  following  clause  was  intro- 
duced :  "  Art.  75.  All  the  ajxents  of  the  o;overnment  below 
the  rank  of  ministers  can  be  prosecuted  for  offences  relating 
to  their  several  functions  only  by  virtue  of  a  decree  of  the 
Council  of  State  ;  in  which  case,  the  prosecution  takes 
place  before  the  ordinary  tribunals."  This  clause  survived 
the  "  Constitution  of  the  year  VIII.,"  and  is  still  maintained, 
in  spite  of  the  just  complaints  of  the  nation.  I  have  always 
found  a  difficulty  in  explaining  its  meaning  to  Englishmen 
or  Americans,  and  have  hardly  understood  it  myself.  They 
at  once  perceived  that,  the  Council  of  State  in  France 
being  a  c;reat  tribunal  established  in  the  centre  of  the  kino-- 
dom,  it  was  a  sort  of  tyranny  to  send  all  complainants 
before  it  as  a  preliminary  step.  But  w^hen  I  told  them 
that  the  Council  of  State  was  not  a  judicial  body,  in  the 
common  sense  of  the  term,  but  an  administrative  council 
composed  of  men  dependent  on  the  Crown,  —  so  that  the 
king,  after  having  ordered  one  of  his  servants,  called  a 


132 


DKMOCRACY   IN    AMKRICA. 


^\>  : 


Prefect,  to  commit  an  injustice,  has  the  power  of  com- 
mandini:  another  of  liis  servants,  called  a  Councillor  of 
State,  to  prevent  the  former  from  being  punished,  —  when 
I  showed  them,  that  the  citizen  who  lias  been  injured  ')y  an 
order  of  the  sovereign  is  obliged  to  ask  the  sovereign's  per- 
mission to  obtain  redress,  they  refused  to  credit  so  flagrant 
an  abuse,  and  were  tem})tcd  to  accuse  me  of  falsehood  or 
ignorance.  It  frequently  happened,  before  the  Revolution, 
that  a  Parliament  *  issued  a  warrant  against  a  })ublic  officer 
wlio  liad  committed  an  offence.  Sometimes  the  royal  au- 
thority intervened,  and  quashed  the  proceedings.  Despot- 
ism then  sliowed  itself  openly,  and  men  obeyed  it  only  by 
submitting  to  superior  force.  It  is  painful  to  perceive  how 
much  lower  we  are  sunk  than  our  forefathers ;  since  we 
allow  things  to  pass,  under  the  color  of  justice  and  the  sanc- 
tion of  law,  which  violence  alone  imposed  upon  them. 


'  i 


*  A  French  "Parliament"  was  a  judicial  body. — Am.  Ed. 


!     i 


roLiiicAL  .luuisuicTiuN  IN  iiiK  r.srn;i)  siAir.s.    li] 


CHAPTER    VII. 


POLITICAL  JURISDICTION  IN  THE  UNITED   STATES. 

Definition  of  Politirul  Jurisdiction.  —  What  is  understood  by  Political  Juris- 
diction in  France,  in  En<^Iaiul,  and  in  the  United  States.  —  In  America, 
tlie  Political  Jud^'c  has  to  do  only  with  I'uhlic  Officers.  —  lie  more  fre- 
quently decrees  Itemoval  from  OiHco  than  an  ordinary  IVnalty.  —  Polit- 
ical Jurisdiction  as  it  exists  in  the  United  States  is,  notwitiistandiu};  its 
Mildness,  and  perhaps  in  Conseciuence  of  that  Mildness,  a  most  Power- 
ful Instrument  in  the  Hands  of  the  Majority. 


I  UNDERSTAND  by  political  jurisdiction,  that  tem- 
porary  right    of    pronouncing   a    legal    decision    with 
which  a  pohtical  body  may  be  invested. 

In  absolute  governments,  it  is  useless  to  introduce  any 
extraordinary  forms  of  procedure  ;  the  prince,  in  whose 
name  an  offender  is  prosecuted,  is  as  much  the  sovereign 
of  the  courts  of  justice  as  of  everything  else,  and  the  idea 
whicli  is  entertained  of  liis  power  is  of  itself  a  sufficient 
security.  The  only  thing  he  lias  to  fear  is,  that  tlie  ex- 
ternal  formalities  of  justice  should  be  neglected,  and  tliat 
liis  authority  should  be  dishonored,  from  a  wish  to 
strenirthen  it.  But  in  most  free  countries,  in  which  tlie 
majority  can  never  have  the  same  influence  over  the  tri- 
bunals as  an  absolute  monarch,  the  judicial  power  has 
occasionally  been  vested  for  a  time  in  the  representatives 
of  the  peo])le.  It  has  been  thought  better  to  introduce  a 
temporary  conftision  between  the  functions  of  the  different 
authorities,  than  to  violate  the  necessary  principle  of  the 
unity  of  government. 

England,  France,  and  the  United  States  have  established 


ll 


184 


I)KM()CnA(;V    IN    AMKKICA. 


this  political  jurisdiction  l»v  liiw  ;  juul  it  is  curious  to  sec 
tlio  (lill'cri'nt  use  which  these  three  <jrent  natious  have 
made  of  it.  lu  FiU;j;lau(l  and  in  1'' ranee,  the  ITouso  of 
Lords  and  the  Chaniher  of  Peers  constitute  the  hinhost 
criminal  court  of  their  respective  nations  ;  and  although 
they  do  not  hahitually  try  all  ])olitical  offences,  they  arc 
cotnpetent  to  trv  them  all.  Another  ixditical  hodv  has  the 
riiiht  of  l)rin«iin<i;  the  accusation  hefore  the  Peers:   the  onlv 


dim 


\\ 


liich 


'XI 


its  het 


wetMi 


the   two 


niti 


in 


th 


« I 


cout 

respect  is,  that  in  Eui^land  the  Commons  may  ini])eacli 
whomsoever  they  please  hefore  the  Lords,  wdiilst  in 
France,  the  Deputies  can  only  employ  this  mode  of  pros- 
ecution ai^ainst  the  ministers  of  the  Crown.  In  both 
countries,  the  U[)per  House  may  make  use  of  all  the  ex- 
istinn;  ])enal  laws  of  the  nation  to  punish  the  delincpients. 

In  the  United  States,  as  well  as  in  Europe,  one  branch 
of  the  le<^islature  is  authorized  to  impeach,  and  the  other  to 
judf^e:  the  House  of  Representatives  arrai<i;ns  the  offender, 
and  the  Senate  punishes  him.  But  the  Senate  can  only 
try  such  j)ersons  as  are  brought  before  it  by  the  ILmse  of 
Representatives,  and  those  })ersons  must  beloni^  to  the 
class  of  public  functionaries.  Thus  the  jiu'isdiction  of  the 
Senate  is  less  extensive  than  that  of  the  Peers  of  France, 
Avhilst  the  riiiht  of  impeachment  by  the  Rejiresentatives  is 
more  general  than  that  of  the  Deputies.  But  the  great 
difference  which  exists  between  Europe  and  America  is, 
that,  in  Europe,  the  political  tribunals  can  apply  all  the 
enactments  of  the  penal  code,  whilst  in  America,  wlitn 
they  have  deprived  the  offender  of  liis  official  raidv,  and 
have  declared  him  incapable  of  filling  any  political  office 
for  the  fiiture,  their  jurisdiction  terminates,  and  that  of  the 
ordinary  tribunals  begins. 

Suppose,  for  instance,  that  the  President  of  the  United 
States  has  committed  the  crime  of  high-treason  ;  tlie  House 
of  Representatives   impeaches    him,    and   the    Senate   de- 


Bau-a-fiwwi 


ror.iiK  AL   iriMsinciioN  in  tiii:  r\rir,i>  siatks.    1:»") 


led 
Ise 
le- 


pradcs  Iiiiii  (Voui  otlico ;  hv  must  tlicii  Itc  tv'u-A  l»y  a  Jury, 
wliicli  aloiie  I  ail  (IcjuMvi'  liitri  of  lihcrty  or  lill'.  'I'liis  ac- 
ruratcly  illustrates  tlic  suliji'ct  we  are  treatiu;;;.  'I'lie  ])olit- 
ical  jiu'isdictiou  whicli  is  estal)lislied  1)V  tlie  laws  ot'  I'iUnnui 
is  iuteiidcd  to  reach  i^reat  ort'euders,  wliatever  may  1)0  tlieir 
l)irth,  tlu'ir  raid\,  or  their  power  in  the  State;  and  to  this 
end,  all  the  |)ri\ileo;L's  of  .'i  court  of  justice  ai'e  temporarily 
f^iven  to  a  <:;reat  political  assembly.  The  len;islator  is  then 
transformed  into  a  magistrate  ;  he  is  called  upon  to  prove, 
to  classily,  and  to  ])unish  the  offence  ;  and  as  he  exercises 
all  the  authority  of  a  jud<;i',  the  law  im[)os(>s  upon  him  all 
the  duties  of  that  higli  othce,  and  requires  all  tl:<  foi'mal- 
ities  of  justice.  When  a  puhlic  functionary  is  impeached 
before  an  Enn;lish  or  a  French  political  tribunal,  and  is 
found  jj;uilty,  the  sentence  deprives  him  ipso  faoto  of  his 
functions,  and  may  pronounce  him  incapable  of  resuminif; 
them  or  any  others  for  the  future.  But  in  this  case,  tin 
political  interdict  is  a  consequence  of  the  sentence,  and  nrt 
the  sentence  itself.  In  Europe,  then,  the  sentence  of  a 
political  tribunal  is  a  judicial  verdict,  rather  than  an  ad- 
ministrative measure.  In  the  United  States,  the  contrary 
takes  place  ;  and  although  the  decision  of  the  Senate  is 
judicial  in  its  form,  since  the  Senators  are  obliged  to  com- 
ply with  the  rules  and  formalities  of  a  court  of  justice ; 
although  it  is  judicial,  also,  in  respect  to  tlu?  motives  on 
which  it  is  founded,  since  the  Senate  is  o;^Mierallv  obliged 
to  take  an  offence  at  common  law  as  the  basis  (f  its  sen- 
tence ;  yet  the  political  judgment  is  rather  an  administra- 
tive than  a  judicial  act.  If  it  had  been  the  intention  of 
the  American  legislator  really  to  iiivest  n  political  body 
with  great  judicial  authority,  its  action  would  not  have 
been  limited  to  public  functionaries,  since  the  most  danger- 
ous enemies  of  the  state  may  not  have  any  public  functions ; 
and  this  is  especially  true  in  republics,  where  party  influ- 
ence has  the  most  force,  and  where  the  strength  of  many 
a  leader  is  increased  by  his  exercising  no  legitimate  power. 


i  ■' 


•I'.i 


•'^ 


1' 


136 


DEMOCRACY   IN   AMERICA. 


If  tlie  American  legislator  had  wished  to  give  society 
itself  the  means  of  preventing  great  offences  by  the  fear  of 
pnnislnnent,  according  to  the  practice  of  ordinary  justice, 
all  the  resources  of  the  penal  code  would  have  been  given 
to  the  political  tribunals.  But  he  gave  them  only  an 
imperfect  weapon,  which  can  nt  v^^r  reach  the  most  dan- 
gerous offenders ;  since  men  who  aim  at  the  entire  sub- 
version of  the  laws  are  not  likely  to  murmur  at  a  political 
interdict. 

The  main  object  of  the  political  jurisdiction  which  ob- 
tains in  the  United  States  is,  therefore,  to  take  away  the 
power  from  him  who  Avould  make  a  bad  use  of  it,  and  pre- 
A'ent  him  from  ever  acquiring  it  again.  This  is  evidently 
an  administrative  measure,  sanctioned  by  the  formalities 
of  a  judicial  decision.  In  this  matter,  the  Americans  have 
created  a  mixed  system  ;  they  have  surrounded  the  act 
which  removes  a  public  functionary  with  all  the  securities 
of  a  political  trial,  and  they  have  deprived  political  con- 
demnations of  their  severest  penalties.  Every  link  of  the 
system  may  easily  be  traced  from  this  point ;  we  at  once 
perceive  why  the  American  constitutions  subject  all  the 
civil  functionaries  to  the  jurisdiction  of  the  Senate,  whilst 
the  military,  whose  crimes  are  nevertheless  more  formi- 
dable, are  exempted  from  that  tribunal.  In  the  civil  ser^ 
A-ice,  none  of  the  American  functionaries  can  be  said  to  be 
removable  ;  the  j)laces  which  some  of  them  occupy  are 
inalienable,  and  the  others  are  chosen  for  a  tenu  which 
cannot  be  shortened.*  It  is,  therefore,  necessary  to  try 
them  all  in  order  to  deprive  them  of  their  authority.  But 
military  officers  are  dependent  on  the  chief  magistrate  of 

*  This  is  a  great  mistake.  In  no  country  in  the  world  do  civil  officers 
lioid  their  posts  by  so  short  and  uncertain  a  tenure  as  in  tiie  United  States. 
This  is  true  l)oth  of  the  Federal  and  tlie  State  governments,  rotation  in  ofHco 
being  now  held  up  (falsely  and  injuriously,  as  we  believe)  to  he  a  rcpuhlican 
principle.  Every  change  of  administration,  every  election  of  a  new  Gover- 
nor or  a  new  President,  leads  to  the  appointment  of  a  new  set  of  officers, 


fsem 


POLITICAL  JURISDICTION  IN   THE   UNITED   STATES.      137 


Ites. 

Ilic'o 

Iciin 

t'cr- 

3r8, 


the  State,  who  is  himself  a  civil  functionary ;  and  the  de- 
cision which  condemns  him  is  a  blow  upon  them  all. 

If  we  now  compare  the  American  and  the  European 
systems,  we  shall  meet  with  differences  no  less  striking  in 
the  eifects  which  each  of  them  produces  or  may  produce. 
In  France  and  England,  the  jurisdiction  of  political  bodies 
is  looked  upon  as  an  extraordinary  resource,  which  is  only 
to  be  employed  in  order  to  rescue  society  from  unwonted 
dangers.  It  is  not  to  be  denied  that  these  tribunals,  as  they 
are  constituted  in  Europe,  violate  the  conservative  principle 
of  tlie  division  of  powers  in  the  state,  and  threaten  inces- 
santly the  lives  and  liberties  of  the  subject.  The  same 
political  jurisdiction  in  the  United  States  is  only  indirectly 
hostile  to  the  division  of  powers  ;  it  cannot  menace  the 
lives  of  the  citizens,  and  it  does  not  hover,  as  in  Europe, 
over  the  heads  of  the  whole  community,  since  it  reaches 
those  only  who  have  voluntarily  submitted  to  its  authority 
by  accepting  office.  It  is,  at  the  same  time,  less  formidable 
and  less  efficacious ;  indeed,  it  has  not  been  considered  by 
the  legislators  of  the  United  States  as  an  extreme  remedy 
for  the  more  violent  evils  of  society,  but  as  an  ordinary 
means  of  government.  In  this  respect,  it  probably  exercises 
more  roal  influence  on  the  social  body  in  America  than  in 
Europe.  We  must  not  be  misled  by  the  apparent  mildness 
of  American  legislation  in  all  that  relates  to  political  juris- 
diction. It  is  to  be  observed,  in  the  first  place,  that  in  the 
United  States,  the  tribunal  which  passes  judgment  is  com- 
posed of  the  same  elements,  and  subject  lo  the  same  in- 
fluences, as  the  body  which  impeaches  the  offender,  and 
that  this  gives  an  almost  irresistible  impulse  to  the  vin- 

down  even  to  the  lowest  clerks  in  the  several  departments.  Tlie  country 
thus  loses  all  the  benefit  of  experience  in  the  conduct  of  its  affairs,  the  of- 
fices heing  all  iield  at  any  one  time  by  a  set  of  raw  hands.  The  only  ex- 
ception is  in  the  case  of  the  Judges  of  the  Supreme  Court,  who  are  now 
the  only  functionaries  that  cannot  be  removed  except  by  impeacliment.  — 
Am.  Ed. 


138 


DEMOCRACY   IN   AMERICA. 


!   :*i 


dictivc  passloiw  of  parties.  If  political  judges  in  the  United 
States  cannot  inflict  so  heavy  penalties  as  those  in  Europe, 
there  is  the  less  chance  of  their  acquitting  an  offender ;  the 
conviction,  if  it  is  less  formidahle,  is  more  certain.  The 
principal  object  of  the  political  tribunals  of  Europe  is  to 
punish  the  offender ;  of  those  in  America,  to  deprive  him 
of  his  power.  A  political  sentence  in  the  United  States 
may,  therefore,  be  looked  upon  as  a  preventive  measure ; 
and  there  is  no  reason  for  tying  doAvn  the  judges  to  the 
'exact  definitions  of  criminal  law.  Nothinjx  can  be  more 
alarming  than  the  vagueness  with  which  political  offences, 
properly  so  called,  are  described  in  the  laws  of  America. 
Article  II.  Section  4  of  the  Constitution  of  the  United 
States  runs  thus  :  —  "  The  President,  Vice-President,  and 
all  civil  officers  of  the  United  States,  shall  be  removed  from 
office  on  impeachment  for,  and  conviction  of,  treason,  brib- 
ery, or  other  ld<jh  crimes  and  misdemeanors.''''  Many  of  the 
constitutions  of  the  States  are  even  less  explicit.  "  Public 
officers,"  savs  the  Constitution  of  Massachusetts,  "  shall  be 
impeached  for  misconduct  or  maladministration."  The 
Constitution  of  Viro-inia  declares  that  "  all  the  civil  officers 
who  shall  have  offended  against  the  State  bv  maladmlnis- 
tration,  coiTuption,  or  other  high  crimes,  may  be  imj)eached 
by  the  House  of  Delegates."  In  some  of  the  States,  the 
constitutions  do  not  specify  any  offences,  in  order  to  sub- 
ject the  public  functionaries  to  an  unlimited  res})onsibility.* 
I  venture  to  affirm,  that  it  is  precisely  their  mildness  which 
renders  the  American  laws  so  formidable  in  this  respect. 
We  have  shown  that,  in  Europe,  the  removal  of  a  function- 
ary and  his  political  discpialification  are  the  consecpiences  of 
the  penalty  he  is  to  undergo,  and  that,  in  America,  they 
constitute  the  penalty  itself.  The  consequence  is,  that  in 
Europe,  political  tribunals  are  invested  with  terrible  powers 
which  they  are  afraid  to  use,  and  the  fear  of  punishing  too 


*  See  tlie  Constitutions  of  Illinois,  Maine,  Connecticut,  and  Georgia. 


ft. 

)f 
[y 

['S 

io 


POLITICAL   JURISDICTION   IN   THE    UNITED    STATES.      189 

much  lilnders  tliem  from  punishing  at  all.  Cut  in  Amer- 
ica, no  one  hesitates  to  inflict  a  penalty  from  which  human- 
ity does  not  recoil.  T*  i  )n(lemn  a  political  opponent  to 
death,  in  order  to  deprive-  liim  of  his  power,  is  to  commit 
what  all  the  world  would  execrate  as  a  horrible  assassina- 
tion ;  but  to  declare  that  opponent  unworthy  to  exercise 
that  authority,  and  to  deprive  him  of  it,  leaving  him  un- 
injured in  life  and  limb,  may  seem  to  be  the  fair  issue  of 
the  struggle.  But  this  sentence,  which  it  is  so  easy  to 
pronounce,  is  not  the  less  fatally  severe  to  most  of  those 
upon  whom  it  is  inflicted.  Great  criminals  may  undoubt- 
edly brave  its  vain  rigor;  but  ordinary  oftenders  will  dread 
it  as  a  condemnation  which  destroys  their  position  in  the 
world,  casts  a  blight  upon  their  honor,  and  condemns  them 
to  a  shamefld  inactivity  worse  than  death.  The  influence 
exercised  in  the  United  States  upon  the  progress  of  society 
by  the  jurisdiction  of  political  bodies  is  the  more  powerful 
in  proportion  as  it  seems  less  frightful.  It  does  not  directly 
coerce  the  subject,  but  it  renders  the  majority  more  abso- 
lute over  those  in  power ;  it  does  not  give  an  unbounded 
authority  to  the  legislature  which  can  only  be  exerted  at 
some  great  crisis,  but  it  establishes  a  temperate  and  regular 
influence,  which  is  at  all  times  available.  If  the  power  is 
decreased,  it  can,  (m  the  other  hand,  be  more  conveniently 
employed,  and  more  easily  abused.  By  preventing  political 
tribunals  from  inflicting  judicial  punishments,  the  Americans 
seem  to  have  eluded  the  worst  consequences  of  legislative 
tyranny,  rather  than  tyranny  itself;  and  I  am  not  sure 
that  political  jurisdiction,  as  it  is  constituted  in  the  United 
States,  is  not,  all  things  considered,  the  most  tomnidable 
weapon  which  has  ever  been  placed  in  the  grasji  of  a  ma- 
jority. When  the  American  republics  begin  to  degenerate, 
it  will  be  easy  to  verify  the  truth  of  this  observation,  by 
remarking  whether  the  number  of  political  impeachments 
is  increased.* 

*  See  Appendix  N. 


140 


DEMOCRACY   IN  AMERICA. 


CHAPTER  VIII. 


THE    FEDERAL    CONSTITUTION. 


I  HAVE  hitherto  considered  each  State  as  a  separate 
whole,  and  have  explained  the  different  springs  which 
the  people  there  put  in  motion,  and  the  different  means  of 
action  which  it  employs.  But  all  the  States  which  I  have 
considered  as  independent  are  yet  forced  to  submit,  in  cer- 
tain cases,  to  the  supreme  authority  of  the  Union.  The 
time  is  now  come  to  examine  the  portion  of  sovereignty 
which  has  been  granted  to  the  Union,  and  to  cast  a  rapid 
glance  over  the  Federal  Constitution. 

HISTORY    OF   THE    FEDERAL   CONSTITUTION. 


■:  i'  f  ^ 


Origin  of  the  first  Union.  —  Its  "Weakness.  —  Congress  appeals  to  the  Con- 
stituent Au<^'^<"'-ity.  —  Interval  of  two  Years  between  this  Appeal  and  the 


Promulgation  of  the  new  Constitution. 


The  thirteen  Colonies,  which  simultaneously  threw  off 
the  yoke  of  England  towards  the  end  of  the  last  century, 
had,  as  I  have  already  said,  the  same  religion,  the  same 
language,  the  same  customs,  and  almost  the  same  laws  ; 
they  were  struggling  against  a  common  enemy ;  and  these 
reasons  were  sufficiently  strong  to  unite  them  one  to  an- 
other, and  to  consolidate  them  into  one  nation.  But  as 
each  of  them  had  always  had  a  separate  existence,  and  a 
government  within  its  reach,  separate  interests  and  peculiar 
customs  had  sprung  up,  which  were  opposed  to  such  a  com- 
pact and  intimate  union  as  would  have  absorbed  the  indi- 


-,.^  ■ — ■     ^1^.^- 


> 

se 
n- 
as 
a 
ir 


THE   FEDERAL   CONSTITUTION. 


141 


vidiial  importance  of  each  in  the  general  importance  of  all. 
Hence  arose  two  opposite  tendencies,  —  the  one  prompting 
the  Anglo-Americans  to  unite,  the  other  to  divide,  their 
streno-tli. 

As  long  as  the  war  with  the  mother  country  lasted,  the 
principle  of  union  was  kept  alive  by  necessity  ;  and  al- 
though the  laws  which  constituted  it  were  defective,  the 
common  tie  subsisted  in  spite  of  their  imperfections.*  But 
no  sooner  was  peace  concluded,  than  the  faults  of  this  legis- 
lation became  manifest,  and  the  state  seemed  to  be  sud- 
denly dissolved.  Each  Colony  became  an  independent  re- 
public, and  assumed  an  absolute  sovereignty.  The  Federal 
government,  condemned  to  impotence  by  its  Constitution, 
and  no  longer  sustained  by  the  presence  of  a  common  dan- 
ger, witnessed  the  outrages  offered  to  its  flag  by  the  gi'eat 
nations  of  Europe,  whilst  it  was  scarcely  able  to  maintain 
its  ground  against  the  Indian  tribes,  and  to  pay  the  interest 
of  the  debt  which  had  been  contracted  during  the  war  of 
independence.  It  was  already  on  the  verge  of  destruction, 
when  it  officially  proclaimed  its  inability  to  conduct  the 
government,  and  appealed  to  the  constituent  authority.f 

If  America  ever  approached  (for  however  brief  a  time) 
that  lofty  pinnacle  of  glory  to  which  the  proud  imagination 
of  its  inhabitants  is  wont  to  point,  it  was  at  this  solemn 
moment,  when  the  national  power  abdicated,  as  it  were,  its 
authority.  All  ages  have  furnished  the  spectacle  of  a  peo- 
ple struggling  with  energy  to  win  its  independence ;  and 
the  efforts  of  the  Americans  in  throwing  off  the  English 
yoKe  have  been  considerably  exaggerated.     Separated  from 

*  See  the  Articles  of  the  first  Confederation,  formed  in  1778.  Tiiis  Con- 
stitution was  not  adopted  by  all  the  States  until  1781.  Sec  also  the  analy- 
sis ffiveu  of  this  Constitution  in  the  Federalist,  from  No.  15  to  No.  22  inclu- 
sive,  and  Story's  "  Commentaries  on  the  Constitution  of  the  United  States," 
pp.  85-115. 

t  Congress  made  this  declaration  on  the  21st  of  February,  1787. 


I 


i'Eii 


)  ■ 

w  i 

'■■-■!!      1 

l!^ii  : 

■'',■' 

'f             i 

■■i  ■  ■ 

! 

!'  ■' 

l-i 

1 

142 


DKMOCRACY   IN   AMERICA. 


their  enemies  by  three  thousand  miles  of  oc^ean,  and  backed 
by  a  powerful  ally,  the  United  States  owed  their  victory 
much  more  to  their  geographical  position  than  to  the  valor 
of  their  armies  or  the  patriotism  of  their  citizens.  It  would 
be  ridiculous  to  compare  the  American  war  to  the  wars  of 
the  French  Revolution,  or  the  efforts  of  the  Americans  to 
those  of  the  French,  when  France,  attacked  by  the  whole 
of  Europe,  without  money,  without  credit,  without  allies, 
threw  forward  a  twentieth  part  of  lier  population  to  meet 
her  enemies,  and  with  one  hand  curried  the  torch  of  revo- 
lution beyond  the  frontiers,  whilst  she  stifled  with  the  other 
a  flame  that  was  devouring  the  country  within.  But  it  is 
new  in  the  history  of  society,  to  see  a  great  people  turn  a 
calm  and  scrutinizing  eye  upon  itself,  when  apprised  by  the 
legislature  that  the  wheels  of  its  government  are  stopped, 
—  to  see  it  carefully  examine  the  extent  of  the  evil,  and 
patiently  wait  two  whole  years  until  a  remedy  is  discov- 
ered, to  which  it  voluntarily  submitted  without  its  costing 
a  tear  or  a  drop  of  blood  from  mankind. 

When  the  inadequacy  of  the  first  constitution  was  dis- 
covered, America  had  the  double  advantage  of  that  calm 
which  had  succeeded  the  effervescence  of  the  Revolution, 
and  of  the  aid  of  those  great  men  whom  the  Revolution 
had  created.  The  assembly  which  accepted  the  task  of 
composing  the  second  constitution  was  small ;  *  but  George 
Washington  was  its  President,  and  it  contained  the  finest 
minds  and  the  noblest  characters  which  had  ever  appeared 
in  the  New  World.  This  national  Convention,  after  Ions 
and  mature  deliberation,  offered  to  the  acceptance  of  the 
people  the  body  of  general  laws  which  still  rules  the;  Union. 
All  the  States  adopted  it  successively.!     The  new  Federal 

*  It  consisted  of  fifty-five  members ;  Washington,  Madison,  Hamilton, 
and  the  two  Morrises  were  amongst  the  number. 

t  It  was  not  adopted  by  tlie  legislative  bodies,  l)ut  representatives  were 
elected  by  tiie  people  for  tliis  sole  purpose ;  and  tlie  new  Constitution  was 
discussed  at  length  iu  each  of  these  assemblies. 


"irn 


FT 


THE   FEDKIUL   COXSriTUTlON. 


143 


government  commenced  its  functions  in  1780,  after  an 
interregnum  of  two  years.  The  Revolution  of  America 
terminated  precisely  when  that  of  France  began. 


SUMMARY    OF    THE    FEDERAL    CONSTITUTION. 


pe 
in. 
lal 

K 

[re 

las 


Division  of  Authority  between  the  Federal  Govcrnincnt  and  the  States.  — 
The  Goveruiiieut  of  tlic  States  is  the  Rule,  tiic  Federal  Govermnent 
the  Exeeption. 

The  first  question  which  awaited  the  Americans  was,  so 
to  divide  the  sovereignty  that  each  of  the  different  States 
which  composed  the  Union  should  continue  to  govern 
itself  in  all  that  concerned  its  internal  prosj)erity,  whilst 
the  entire  nation,  represented  by  the  Union,  sh.ould  con- 
tinue to  form  a  comj)aci  body,  and  to  provide  for  all  gen- 
eral exigencies.  The  problem  was  a  complex  and  difficult 
one.  It  was  as  impossible  to  determine  beforehand,  with 
any  degree  of  accuracy,  the  share  of  authority  which  each 
of  the  tw^o  governments  w^as  to  enjoy,  as  to  foresee  all  the 
incidents  in  the  life  of  a  nation. 

The  obligations  and  the  claims  of  the  Federal  govern- 
ment  were  simple  and  easily  definable,  because  the  Union 
had  been  formed  with  the  express  purpose  of  meeting  cer- 
tain great  ojeneral  wants ;  but  the  claims  and  obligations  of 
the  individual  States,  on  the  other  hand,  were  complicated 
and  various,  because  their  government  had  penetrated  into 
all  the  details  of  social  life.  The  attributes  of  the  Federal 
government  %vere  therefore  carefully  defined,  and  all  that 
was  not  included  among  them  was  declared  to  remain  to 
the  governments  of  the  several  States.  Thus  the  gov- 
ernment  of  the  States  remained  the  rule,  and  that  of  the 
Confederation  w^as  the  exception.* 

*  It  is  to  be  observed,  that,  whenever  the  exclusive  right  of  regulating  cer- 
tain matters  is  not  reserved  to  Congress  by  tlie  Constitution,  the  States  may 


w 


144 


DK.MOCRACY    IX   AMKRICA. 


'  '.'.J't 


\- 


'\ 


1 

1 

!       ,: 

It' 

1  r: ': : : 

^ip'^t' 

.  ■  *r 

i 

'\ 

11 

;] 

.|- ; ' 

b   u 

■■•a      \     ■  -, 

But  as  it  was  foreseen  that,  in  practice,  (juestions  mi<j;lit 
arise  as  to  the  exact  limits  of  tliis  exceptional  authority, 
and  it  would  be  dangerous  to  submit  these  (juestions  to  the 
decision  of  the  ordinary  courts  of  justice,  established  in  the 
different  States  by  the  States  themselves,  a  high  Federal 
court  was  created,*  one  of  whose  duties  was  to  maintain 
the  balance  of  power  between  the  two  rival  governments, 
as  it  had  been  established  by  the  Constitution.! 


POWERS  OF  THE  FEDERAL  GOVERNMENT. 

Power  of  (Icclarinfj  War,  making  Peace,  and  levyinj:^  General  Taxes  vested 
in  the  Federal  Government.  —  Wliat  Part  of  tlic  Internal  Policy  of  the 
Country  it  may  direct.  —  The  Government  of  the  Union  in  soum  Re- 
epccts  more  centralized  than  the  Kiny's  Government  in  the  old  Prench 
Monarchy. 

The  people  in  themselves  are  only  individuals  ;  and  the 
special  reason  why  they  need  to  be  imited  under  one  gov- 
ernment is,  that  they  may  appear  to  advantage  before  for- 


eigners. 


The  exclusive  right  of  making  peace  and  war,  of 


legislate  concerning  them  till  Congress  sees  fit  to  take  up  the  affair.  For 
instance,  Congress  has  the  right  of  making  a  general  law  on  bankruptcy, 
which,  however,  it  neglects  to  do.  Each  Str.te  is  then  at  liberty  to  make 
such  a  law  for  itself.  This  point,  Iiowcver,  has  been  established  only  after 
discussion  in  the  law  courts,  and  may  be  said  to  belong  more  properly  to 
jurisprudence. 

*  The  action  of  this  court  is  indirect,  as  we  shall  hereafter  show. 

t  It  is  thus  that  the  Federalist,  No.  45,  explains  this  division  of  sover- 
eignty between  the  Union  and  the  States  :  "  The  powers  delegated  by  the 
Constitution  to  the  Federal  government  are  few  and  defined.  Those  which 
are  to  remain  in  the  State  governments  are  numerous  and  indefinite.  The 
former  ■will  be  exercised  principally  on  external  objects,  as  war,  peace,  nego- 
tiation, and  foreign  commerce.  The  powers  reserved  to  the  several  States 
will  extend  to  all  the  objects  which,  in  the  ordinary  course  of  affairs,  concern 
the  internal  order  and  prosperity  of  the  State." 

I  shall  often  have  occasion  to  quote  the  Federalist  in  this  work.     ^Vlien 


THE    FEDKRAL   CONSTITUTION. 


145 


concliuling  troatios  of  coinmorcG,  niislno;  armies,  and  oqnip- 
pin>i;  fleets,  was  tlieret'ore  o;rante(l  to  tlie  Union.  The  ne- 
cessitv  of  a  national  jiovernnient  was  less  imi)enonslv  t'l'lt 
in  the  condnet  of  the  internal  affairs  of  soeiety ;  but  there 
are  ct-rtain  general  interests  which  can  only  he  attended  to 
with  jidvantaiio  hy  a  ueneral  anthoritv.  The  Union  was 
invested  with  the  nower  of  controUino;  the  monetary  sys- 
tern,  carrying  the  mails,  and  openin<jj  the  o-reat  roads  which 
were  to  nnite  the  different  parts  of  the  conntry.*  The 
independence  of  the  government  of  each  State  in  its 
sphere  was  recognized  ;  yet  the  Federal  govermnent  was 
anthorized  to  interfere  in  the  internal  affairs  of  the  States  f 
hi  a  few  predetermined  cases,  in  which  an  indiscreet  use  of 
their  independence  might  compromise  the  safety  of  the 
whole  Union.  Thus,  whilst  the  power  of  modifying  and 
changing  their  legislati<m  at  pleasure  was  ])rese)"ved  to  each 
of  the  confederate  republics,  they  are  forl)idden  to  enact 
ex-pod-fado  laws,  or  to  grant  jiny  titles  of  nobility. 
Lastly,  as  it  was  necessary  that  the  Federal  government 
should  be  al)i^'  to  fulfil  its  enffagements,  it  has  an  unlim- 
ited  power  of  levying  taxes. 

In  examining  the  division  of  powers,  as  established  by 

the  bill,  which  has  since  become  the  Constitution  of  tlie  United  States,  was 
hefoii  e  people,  and  the  discussions  were  still  pending,  three  men,  who  had 
already  acquired  a  portion  of  that  celebrity  which  they  have  since  enjoyed, 
—  John  Jay,  Hamilton,  IMadison,  —  undertook  together  to  explain  to  the  na- 
tion the  advantages  of  the  measure  which  Avas  proposed.  "With  this  view, 
they  published  in  a  journal  a  series  of  articles,  which  now  form  a  complete 
treatise.  They  entitled  their  journal  "  The  Federalist,"  a  name  which  has 
been  retained  in  the  work.  The  Federalist  is  an  excellent  book,  which  ought 
to  be  familiar  to  the  statesmen  of  all  countries,  though  it  specially  concerns 
America. 

*  Several  other  powers  of  the  same  kind  exist,  such  as  that  of  legislating 
on  bankruptcy,  and  grunting  patents.  The  necessity  of  confiding  such  mat- 
ters to  the  Federal  government  is  obvious  enough. 

t  Even  in  these  cases,  its  interference  is  indirect.  The  Union  interferes 
by  means  of  the  tribunals,  as  will  be  hereafter  shown. 

7  J 


140 


DEMOCRACY   IN   AMERICA. 


■  I 


the  Fedonil  Constitution,  remarking  on  tlie  one  liand  tlio 
p(trtIon  of  sovereignty  whicli  liiis  been  reserved  to  tlie  sev- 
eral States,  and  on  the  other,  the  sliare  of  power  wlilch  has 
been  given  to  the  Union,  It  is  evident  tliat  tlie  Federal 
legislators  entertained  very  clear  and  accurate  notions  re- 
S])ectlng  the  centralization  of  government.  The  United 
States  form  not  only  a  republic,  but  a  confederation ;  yet 
the  national  authority  is  more  centralized  there  than  it 
,  was  in  several  of  the  absolute  monarchies  of  Europe.  I 
will  cite  only  two  examples. 

Thirteen  supreme  courts  of  justice  existed  in  France, 
whicli,  generally  speaking,  had  the  right  of  interi)retlng 
tlie  law  without  appeal ;  and  those  provinces  which  were 
styled  paya  d'JEtat  were  authorized  to  refuse  their  assent 
to  an  Imjjost  whicli  had  been  levied  by  the  sovereign,  wdio 
represented  the  nation. 

In  the  Union,  there  is  but  one  tribunal  to  interpret,  as 
there  is  one  legislature  to  make,  the  laws ;  and  an  impost 
voted  by  the  representatives  of  the  nation  is  binding  upon 
all  the  citizens.  In  these  two  essential  points,  therefore, 
the  Union  is  more  centralized  than  the  French  monarchy, 
although  the  Union  is  only  an  assemblage  of  confederate 
republics. 

In  Spain,  certain  provinces  had  the  right  of  establisliing 
a  system  of  custom-house  duties  peculiar  to  themselves, 
although  that  privilege  belongs,  by  its  very  natm-e,  to  the 
national  sovereignty.  In  America,  Congress  alone  has  the 
right  of  regulating  the  commercial  relations  of  the  States 
with  each  other.  The  government  of  the  confederation  is 
therefore  more  centralized  in  this  respect,  than  the  kingdom 
of  Spain.  It  is  true,  that  the  power  of  the  cro^vn  in 
France  or  Spain  was  always  able  to  obtain  by  force  what- 
ever the  constitution  of  the  country  denied,  and  that  the 
ultimate  result  was  consequently  the  same  ;  but  I  am  here 
discussing  the  theory  of  the  constitution. 


TMK    ir.DKRAL    CONSTITUTION'. 


14: 


Aftor  liMviiii;  settled  tlio  limits  within  wliicli  the  Fed- 
eral governnient  was  to  act,  the  next  point  was  to  deter- 
mine how  it  should  be  put  in  action. 

LEGISLATIVE    POWERS    OF   THE    FEDERAL   GOVERNMENT. 

Division  of  the  Legislative  Body  into  Two  Brnnclies.  —  DitU'riiHc  in  the 
Manner  of  fonnin;;  the  Two  Houses.  —  Tiic  Principle  of  the  Imlenen- 
dence  of  tlio  St.'itc;^  pvedominatcs  in  the  Korination  of  'he  Senate. 
That  of  the  Sovcrei^rnty  of  the  Nation  in  the  Composition  of  the  Honso 
of  Representatives.  —  Siiifrular  Ktlect  of  the  Faet  that  a  Constitution 
can  be  Logical  only  when  the  Nation  is  Young. 

The  plan  which  had  been  laid  down  beforehand  in  the 
constitutions  of  the  several  States  was  followed,'  in  many 
respects,  in  the  organization  of  the  powers  of  the  Union. 
The  Federal  legislature  of  the  Union  was  composed  of  a 
Senate  and  a  House  of  Representatives.  A  spirit  of  com- 
promise caused  these  two  assemblies  to  be  constituted  on 
different  principles.  I  have  already  shown  that  tAvo  inter- 
ests were  opposed  to  each  other  in  the  estaljlishment  of 
the  Federal  Constitution.  These  two  interests  had  given 
rise  to  tw^o  opinions.  It  was  the  wish  of  one  party  to 
convert  the  Union  into  a  league  of  independent  States, 
or  a  sort  of  congress,  at  which  the  representatives  of  the 
several  nations  would  meet  to  discuss  certain  })oints  of 
common  interest.  The  other  party  desired  to  unite  the  in- 
habitants of  the  American  Colonies  into  one  and  the  same 
people,  and  to  establish  a  government,  which  should  act  iis 
the  sole  representative  of  the  nation,  although  in  a  limited 
sphere.  The  practical  consequences  of  these  two  theories 
were  very  different. 

If  the  object  was,  tliat  a  league  should  be  established 
instead  of  a  national  government,  then  the  majority  of 
the  States,  instead  of  the  majority  of  the  inhabitant^  of 
the  Union,  would  make  the  laws :  for  every  State,  great 


I. 


■ 


!  n 


\n 


if 


i! 


148 


DKMOCKACV    IN    AMKIMCA. 


or  small,  would  tlu-n  remain  in  full  indcpc'iuU'iice,  aii«] 
outer  \\iv  L'nion  ii|i()n  a  footin*^  of  jx'rtl'ct  «■  jiality.  U\ 
liowcvc!',  till'  iiilialiitaiits  of  the  United  States  wove  to  be 
considert'd  as  lK'lou<:;in^  to  oiio  and  the  same  nation,  it 
would  he  natural  that  the  majority  of  tlie  citi/A'Us  of  the 
Union  should  make  the  law.  Of  course,  the  U'sser  States 
could  not  suhscrihe  to  the  application  of  this  doctrine  with- 
out, in  tact,  al)dicatin«jj  their  existence  in  respect  to  the 
sovereit^nty  of  the  C^onfecK'ration  ;  since  they  would  cease 
*to  be  a  co-eipial  and  co-authoritative  j)ower,  and  become  an 
insioiiitic'iiit  fraction  of  a  oivat  people.  The  former  sys- 
tem would  have  invested  them  with  excessive  authority, 
the  latter  wcmld  have  destroyed  their  influence  altogether. 
Under  these  circumstances,  the  result  was,  that  the  rules 
of  Ionic  were  broken,  as  is  usually  the  case  when  interests 
are  op[)osed  to  areuments.  A  middle  course  was  hit  u})on 
by  the  legislators,  whi(di  brought  together  by  force  two 
systems  theoretically  irreconcilable. 

The  princi[)le  of  the  independence  of  the  States  tri- 
umphed in  the  formation  of  the  Senate,  and  that  of  the 
sovereignty  of  the  nation  iri  the  composition  of  the  House 
of  l{ej)resentatives.  Each  State  was  to  send  two  Senators 
to  Congress,  and  a  number  of  Representatives  proportioned 
to  its  population.*     It  results  from  this  arrangement  that 

*  Every  ten  years,  Congress  fixes  anew  the  number  of  Representatives 
which  each  State  is  to  furnish.  Tlie  total  number  was  69  in  1789,  and  240 
in  18.33. 

Tiie  Constitution  decided  that  there  sliould  not  be  more  tlian  one  Repre- 
sentative for  every  30,000  persons ;  but  no  minimum  Avas  fixed  on.  Con- 
gress lias  not  thouglit  fit  to  augment  the  number  of  Representatives  in  i)ro- 
portion  to  the  increase  of  popidation.  The  first  Act  which  was  passed  on 
the  subject  (14th  of  April,  1792)  decided  that  there  should  1)C  one  Represent- 
ative for  every  33,000  inhabitants.  Tlie  Act  which  was  passed  in  18.52  fixes 
tlie  proportion  at  one  for  93,423,  and  made  the  House  consist  of  234  mem- 
bers. The  population  represented  is  composed  of  all  the  freemen,  and  of 
three  fil'tlis  of  the  slaves. 


n 


TIIK   FKDKIiAl,    CONSTmmOX. 


141) 


rea 
NO 

re- 
lu- 
ro- 

[)U 

|it- 

es 


thu  Stati'  of  New  York  lias  at  the  j)iV!*ont  day  tliirty-tliriM^ 
Representatives,  and  only  two  Senators  ;  the  State  of  Del- 
aware lias  two  Senators,  and  oidy  one  lle|iresentative  ;  tho 
State  of  Delaware  is  therefore  e([nal  to  tlii'  State  of  New 
York  in  tlu'  Senate,  whilst  the  latter  has  thirty-three  times 
t».c  inHiience  of  the  former  ii'  tho  llonse  of  Representa- 
tives. Thns,  the  minority  of  the  ..:'Hon  in  the  Stiuito 
may  i)araly/e  the  decisions  of  the  majority  ivpresented  in 
the  other  Housi',  which  is  contrary  to  the  spirit  of  coiisti 
tutional  jj-overnment. 

These  fiicts  show  how  rare  and  dirtienlt  it  is  i-atioiudly 
and  loy;ieallv  t(»  comhiiu'  all  the  several  i)arts  of  leoislation. 
The  conrse  of  time  always  o;ives  hirth  to  diti'erent  inti'rests, 
and  sanctions  different  ])rinciples,  amon^j;  the  same  people; 
and  when  a  <<;eneral  constitntion  is  to  be  cstahlished,  tlu'se 
interests  and  princij)les  are  so  many  natnral  obsta(des  to 
the  riooi'ons  application  of  any  political  system  with  all  its 
consecinences.  The  early  stages  of  national  existence  are 
the  only  periods  at  whicdi  it  is  possible  to  make  legislation 
strictly  logical ;  and  when  we  perceixe  a  nation  in  the  en- 
joyment of  this  advantage,  we  should  not  hastily  con(dude 
that  it  is  wise,  but  only  remember  that  it  is  young.  When 
the  Federal  Constitution  was  formed,  the  interest  of  inde- 
pendence for  the  separate  States,  and  the  interest  of  union 
for  the  whole  peo})le,  were  the  only  two  conflicting  inter- 
ests which  existed  amongst  the  Anglo-Americans ;  and  a 
com])romise  was  necessarily  made  between  them. 

It  is,  however,  j  st  to  acknowledge,  that  this  part  of  the 
Constitution  has  not  hitherto  produced  those  evils  which 
miii'ht  liave  been  feared.  All  the  States  are  youno;  and 
contiguous  ;  their  customs,  their  ideas,  and  their  wants  are 
not  dissimilar ;  and  the  diflferences  which  result  from  their 
size  are  not  enough  to  set  their  interests  much  at  variance. 
The  small  States  have  consequently  never  leagued  them- 
pelves  together  in  tlie  Senate  to  oj)pose  the  designs  of  the 


U'  V 


150 


DEMOCRACY   IN  A.MERICA. 


h 


larger  ones.  Besides,  there  is  so  irresistible  an  authority 
in  the  legal  expression  of  the  will  of  a  people,  that  the 
Senate  could  offer  but  a  feeble  opposition  to  the  vote  of  the 
majority  expressed  by  the  Plouse  of  Representatives. 

It  must  not  be  forgotten,  moreover,  that  it  Avas  not  in 
the  power  of  the  American  legislators  to  reduce  to  a  single 
nation  the  peo})le  for  whom  they  were  making  laws.  The 
object  of  the  Federal  Constitution  was  not  to  destroy  the 
independence  of  the  States,  but  to  restrain  it.  By  acknowl- 
edging the  real  power  of  these  secondary  communities,  (and 
it  was  impossible  to  deprive  them  of  it,)  they  disavowed 
beforehand  the  habitual  use  of  constraint  in  enforcino-  the 
decisions  of  the  majority.  This  being  laid  down,  the  intro- 
duction of  the  influence  of  the  States  into  the  mechanism 
of  the  Federal  government  was  by  no  means  to  be  won- 
dered at ;  since  it  only  attested  the  existence  of  an  acknowl- 
edged j>ower,  which  was  to  be  humored,  and  not  forcibly 
checked. 


A    FURTHER   DIFFERENCE    BETWEEN    THE    SENATE    AND    THB 
HOUSE    OF    REPRESENTATIVES. 

The  Senate  named  by  tlie  State  Legislatnres ;  tlie  Representatives  by  the 
People.  —  DouI)le  Election  of  the  former ;  single  Election  of  the  latter. 
—  Term  of  the  different  Otiices.  —  Peculiar  Functions  of  each  House. 

The  Senate  differs  from  the  other  House,  not  only  in  the 
very  principle  of  representation,  but  also  in  the  mode  of  its 
election,  in  the  term  for  which  it  is  chosen,  and  in  the 
nature  of  its  functions.  The  Hoise  of  Representatives 
is  chosen  by  the  people,  the  Senate  by  the  legislatures  of 
each  State  ;  the  former  is  directly  elected,  tlie  latter  is 
elected  by  an  elected  body ;  the  term  for  which  the  Rep- 
resentatives are  chosen  is  only  two  years,  that  of  the  Sena- 
tors is  six.  The  functions  of  the  House  of  Representatives 
ai'e  purely  legislative,  and  the  only  share  it  takes  in  th<» 


m 


f  ItH 


jl 


\\f9fif''Vf1!fS. 


THE   FEDERAL    CONSTITUTION. 


151 


judicial  power  is  in  the  impeacliinent  of  puljlic  officers. 
The  Senate  co-operates  in  the  work  of  legishition,  and  tries 
those  political  offences  wliicli  the  House  of  Representatives 
submits  to  its  decision.  It  also  acts  as  the  great  executive 
council  of  the  nation ;  the  treaties  which  are  concluded  by 
the  President  must  be  ratified  by  the  Senate  ;  and  the 
appointm(ints  he  may  make,  in  order  to  be  definitive,  must 
be  approved  by  the  same  body. 


I 


THE    EXECUTIVE   POWER. 

Dcpemloucc  of  the  President.  —  He  is  Elective  and  Responsible.  — Free  ia 
liis  own  Spliere,  under  tlie  Inspection,  but  not  under  the  Direction,  of 
tlie  Senate.  —  His  Salary  fixed  at  liis  Entry  into  Olfiee.  —  Suspensive 
Veto. 

The  American  legislators  undertook  a  difficult  task  in 
attempting  to  create  an  executive  power  dependent  on  the 
majority  of  the  people,  and  nevertheless  sufficiently  strong 
to  act  without  restraint  in  its  own  sphere.  It  was  indis- 
pensable to  the  maintenance  of  the  republican  form  of 
government,  that  the  representative  of  the  executive  power 
should  be  subject  to  the  will  of  the  nation. 

The  President  is  an  elective  magistrate.  His  honor,  his 
property,  his  liberty,  and  his  life  are  the  securities  which 
the  people  have  for  the  temperate  use  of  his  power.  But  in 
the  exercise  of  his  authority,  he  is  not  perfectly  indepen- 
dent :  the  Senate  takes  coiinizance  of  his  relations  with 
foreign  powers,  and  of  his  distribution  of  public  appoint- 
ments, so  that  he  can  neither  corrupt  nor  be  corrupted. 
The  leo;islators  of  the  Union  acknowledge  that  the  exec- 
utive  power  could  not  fulfil  its  task  with  dignity  and 
advantage,  unless  it  enjoyed  more  stability  and  strength 
than  had  been  granted  it  in  the  separate  States. 

The  President  is  chosen  for  four  years,  and  he  may  be 
re-elected ;  so  rliat  the  chances  of  a  future  administration 


I 


«'i 


J 


t 


fi- 


!  ; 


152 


DKMOCRACY   IN   AMKIIICA. 


i  I  !        ! 


may  Inspire  liim  witli  hopeful  undertakings  for  tlie  public 
good,  and  give  liim  tlie  means  of  carrying  them  into  execu- 
tion. Tlie  President  was  made  the  sole  representative  of  the 
executive  power  of  the  Union  ;  and  care  was  taken  not  to 
render  liis  decisions  subordinate  to  the  vote  of  a  council,  — 
a  dan<i;erous  measure,  wliich  tends  at  the  same  time  to  clon; 
the  action  of  the  government  and  to  diminish  its  responsi- 
bility. Tlie  Senate  has  the  right  of  annulling  certain  acts 
of  the  President ;  but  it  cannot  compel  him  to  take  any 
steps,  nor  does  it  participate  in  the  exercise  of  the  executive 
})ower. 

The  action  of  the  legislariire  on  the  executive  power 
may  be  direct,  and  we  have  just  shown  that  the  Ameri- 
cans carefidly  obviated  this  influence ;  but  it  may,  on  the 
other  hand,  be  indirect.  Leo-islative  assemblies  which 
have  the  j)Ower  of  depriving  an  officer  of  state  of  his  sal- 
ary encroach  upon  his  independence  ;  and  as  they  are  free 
to  make  the  laws,  it  is  to  be  feared  lest  they  should  gradu- 
ally appropriate  to  themselves  a  portion  of  that  authority 
which  the  Constitution  had  vested  in  his  hands.  This 
dependence  of  tlie  executive  power  is  one  of  the  defects 
inherent  in  republican  constitutions.  The  Americans  have 
not  been  able  to  counteract  the  tendency  which  legislative 
assemblies  have  to  get  possession  of  the  governmen.^  but 
they  have  rendered  this  propensity  less  irresistible.  The 
salary  of  the  President  is  fixed,  at  the  time  of  his  enterino; 
upon  office,  for  the  whole  period  of  his  magistracy.  The 
President  is,  moreover,  armed  with  a  suspensive  veto, 
which  allows  him  to  o})])ose  the  passing  of  such  laws  as 
might  destroy  the  portion  of  independence  which  the  Con- 
stitution award;-:  him.  Yet  the  strugi^le  between  the  Presi- 
dent  and  the  legislature  must  always  be  an  uneipial  one, 
since  the  latter  is  certain  of  bearing  down  all  resistance  by 
persevering  in  its  plans ;  but  the  suspensive  veto  forces  it, 
at  least,  to  reconsider  the  matter,  and,  if  the  motion  be 


jlL 


fcl 


PHI 


THE   FEDERAL   CONSTITUTION. 


153 


persisted  in,  it  must  then  Le  1)a('ke(I  by  n  majority  of  two 
thirds  of  the  wliole  house.  The  veto  is,  moreovei",  a  sort 
of  appeal  to  the  people.  The  executive  power,  which, 
M'ithout  this  security,  might  have  been  secretly  ()j)[)resscd, 
ado})ts  this  means  of  pleading  its  cause  and  stating  its  mo- 
tives. But  if  the  legislature  })erseveres  in  its  design,  can 
it  not  always  overpower  all  resistance?  ]  reply  that  in 
the  constitutions  of  all  nations,  of  whatever  kind  they  may 
be,  a  certain  point  exists  at  Avhich  the  legislator  must  have 
recourse  to  the  n-ood  sense  and  the  virtue  of  liis  fellow-citi- 
zens.  This  point  is  nearer  and  more  jjromineiit  in  repub- 
lics, whilst  it  is  more  remote  and  more  carefully  concealed 
in  monarchies  ;  but  it  always  exists  somewhere.  'J'liere  is 
no  country  in  which  everything  can  be  provided  for  by  the 
laws,  or  in  which  political  institutions  can  prove  a  substi- 
tute for  common  sense  and  p  iblic  morality. 


IN  WHAT  Til'':  POSITION  OF  A  PRESIDENT  OF  THE  UNITED 
STATES  DIFFERS  FROM  THAT  OF  A  CONSTITUTIONAL  KING 
OF    FRANCE. 

Executive  Power  in  the  United  States  as  limited  and  cxcejitional  as  tlic 
Sovereif^nty  wliicli  it  represents.  —  Executive  I'cjwcr  in  I'ran  ;',  like  tlic 
State  Sovereifj;nty,  extends  to  everythinfj^.  —  Tiie  Kin*;:  a  l?rai"  i:  ^^f  tiie 
Lcfrislature.  —  Tiie  President  tlie  mere  Executor  of  tlic  I  a-.v. —  !  itlie; 
Ditierences  resulting;'  from  the  Duration  of  the  two  Powi'rs.  —  T'  c  i'res- 
ident  checked  in  the  Exercise  of  tlie  Executive  Autliority.  —  'llie  King 
Independent  in  its  Exercise.  —  In  si)ite  of  these  Ditlerences,  France  is 
more  akin  to  a  Republic  than  the  Union  to  a  Monarchy.  —  Cvunporisor 
of  the  Nunrher  of  Public,  Officers  depending  upon  the  Executive  Pover 
iu  the  two  Countries. 

The  executive  power  has  so  important  an  influence  on 
the  destinies  of  nations,  that  I  wish  to  dwell  for  an  instant 
on  this  portion  of  my  subject,  in  order  more  clearly  to  ex- 
plain the  part  it  sustains  in  America.  In  order  to  form  a 
clear  and  precise;  idea  of  the  position  of  the  President  of 


ifi! 


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I;-,  I 


' 


154 


DEMOCRACY  IN  AMERICA. 


the  United  States,  it  may  be  well  to  compare  it  witli  that 
of  one  of  the  constitutional  kings  of  Europe.  In  this  com- 
parison, I  shall  j)ay  but  little  attention  to  the  external  signs 
of  power,  which  are  more  apt  to  deceive  the  eye  of  the 
observer  than  to  guide  his  researches.  When  a  monarchy 
is  being  gradually  transformed  into  a  republic,  the  execu- 
tive power  retains  the  titles,  the  honors,  the  etiquette,  and 
even  the  funds  of  royalty,  long  after  its  real  authority  has 
disappeared.  The  English,  after  having  cut  off  the  head 
•  of  one  king,  and  expelled  another  from  his  throne,  were 
still  wont  to  address  the  successors  of  those  princes  only 
upon  their  knees.  On  the  other  hand,  when  a  republic 
falls  under  the  sway  of  a  single  man,  the  demeanor  of  the 
sovereign  remains  as  simple  and  unpretending  as  if  his  au- 
thority was  not  yet  paramount.  When  tlie  Emperors  ex- 
ercised an  unlimited  control  over  the  fortunes  and  the  lives 
of  their  fellow-citizens,  it  was  customary  to  call  them 
Cicsar  in  conversation  ;  and  they  were  in  the  habit  of 
supping  without  formality  at  their  friends'  houses.  It  is 
therefore  necessary  to  look  below  the  surface. 

The  sovereignty  of  the  United  States  is  shared  between 
the  Union  and  the  States,  whilst,  in  France,  it  is  undivided 
and  compact :  hence  arises  the  first  and  most  notable  dif- 
ference which  exists  between  the  President  of  the  United 
States  and  the  King  of  France.  In  the  United  States,  the 
executive  poAver  is  as  limited  and  exceptional  as  the  sover- 
eignty in  whose  name  it  acts  ;  in  France,  it  is  as  universal 
as  the  authority  of  the  State.  The  Americans  have  a  Fed- 
eral, and  the  French  a  national  government. 

This  cause  of  inferiority  results  from  the  nature  of 
things,  but  it  ie  not  the  only  one  ;  the  second  in  impor- 
tance is  as  follows.  Sovereignty  may  be  defined  to  be  the 
right  of  making  laws.  In  France,  the  King  really  exercises 
a  portion  of  the  sovereign  power,  since  the  laws  have  no 
weight  if  he  refuses  to  sanction  them ;  he  is,  moreover,  the 


hi 


he 


le 

r 
|o 


THE   FEDKRAL   CONSTITUTION. 


155 


executor  of  all  they  ordain.  The  President  is  also  the  ex- 
eciit(jr  of  the  laws  ;  but  he  does  not  really  co-operate  in 
making  them,  since  the  refusal  of  his  assent  does  not  pre- 
vent their  passage.  He  is  not,  therefore,  a  part  of  the  sov- 
ereign power,  but  only  its  agent.  ]5ut  not  only  does  the 
King  of  France  constitute  a  portion  of  the  sovereign 
power  ;  he  also  contributes  to  the  nomination  of  the  legis- 
lature, which  is  the  other  portion.  ITe  })articii)ates  in  it 
through  appointing  the  members  of  one  chamber,  and  dis- 
solving the  other  at  his  pleasure ;  whereas  the  President 
of  the  United  States  has  no  share  in  the  formation  of  the 
legislative  body,  and  cannot  dissolve  it.  The  King  has  the 
same  right  of  bringing  forward  measures  as  the  Chambers, 
—  a  right  which  the  President  does  not  possess.  The  King- 
is  represented  in  each  assembly  by  his  ministers,  who  ex- 
plain his  intentions,  support  his  opinions,  and  maintain  the 
principles  of  the  government.  The  President  and  his 
ministers  are  alike  excluded  from  Congress,  so  that  his 
influence  and  his  o])ini(ms  can  only  })enetrate  indirectly 
into  that  great  body.  The  King  of  France  is,  therefore, 
on  an  equal  footing  with  the  legislature,  which  can  no  more 
act  without  him  than  he  can  without  it.  The  President  is 
placed  beside  the  legislature  like  an  inferior  and  dependent 
poAver. 

Even  in  the  exercise  of  the  executive  power,  properly 
so  called,  —  the  ] cint  upon  which  Ills  ])0:>ition  seems  to  be 
most  analogous  to  that  of  the  King  of  France,  —  the  Pres- 
ident labors  under  several  causes  of  inferiority.  The  au- 
thority of  the  King,  in  France,  has,  in  the  first  place,  the 
adA'antage  of  duration  over  that  of  the  President ;  and 
durability  is  one  of  the  chief  elements  of  streno;th  ;  noth- 
ing  is  either  loved  or  feared  but  what  is  likely  to  endure. 
The  President  of  the  United  States  is  a  magistrate  elected 
for  four  years.     The  King,  in  France,  is  an  hereditary  sov- 


ereign. 


ni 


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■jir  !   ;. 


s:  < 


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i      ii 


156 


DEMOCRACY   IN   AMKUICA. 


Ill  tlie  exercise  of  the  executi\'e  power,  the  President  of 
the  United  States  is  constantly  sulyect  to  a  jeahjus  super- 
vision. He  may  prepare,  but  lie  cannot  conclude,  a  treaty ; 
lie  may  nominate,  but  he  cannot  a])poiiit,  a  public  officer.* 
The  King  of  France  is  absolute  within  the  sphere  of  exec- 
utive power. 

The  President  of  the  United  States  is  responsible  for 
liis  actions ;  but  the  person  of  the  King  is  declared  invi- 
olable by  French  huv. 

Nevertheless,  public  opinion  as  a  directing  power  is  no 
less  above  the  head  of  the  one  than  of  the  other.  This 
power  is  less  definite,  less  evident,  and  less  sanctioned  by 
the  laws  in  Fraii'^'e  than  in  America ;  but  it  really  exists 
there.  Iv  America,-  it  acts  by  elections  and  decrees ;  in 
France,  iv  p^'oceeds  by  revolutions.  Thus,  notwithstanding^ 
the  diftcriMit  constitutions  of  these  two  countries,  public 
opinii^n  is  \\)V  predominant  authority  in  both  of  them. 
The  fiuuhi'iicntal  principle  of  legislation — a  prijici])lv^ 
essentiall^"  re?  ublican  —  is  the  same  in  both  countries, 
although  its  developments  may  be  more  or  less  free,  and 
its  consequ^'iices  different.     Whence  I  am  led  to  conclude, 

*  The  Constitution  has  left  it  doubtful  wliether  tiie  President  is  ol)li;j;'('d 
to  consult  the  Senate  in  tlie  removal  as  well  as  in  the  apiiointinent  of  lY-d- 
cral  officers.  The  Federalist  (No.  77)  seemed  to  estalilish  the  affirmative; 
but  in  1789,  Congress  formally  decided,  tliat,  as  the  President  was  responsil)lo 
for  his  actions,  he  ouo-ht  not  to  be  forced  to  employ  acents  who  had  forfeited 
his  esteem.  Sec  Kent's  Commentaries,  Vol.  I.  p.  289.  [See  also  Daniel 
Webster's  speech  on  the  Appointing  and  liemoving  Power,  Webster's  Works, 
IV.  185;  Marshall's  Washin.!,'on,  V.  I'JG;  Sergeant  &  Kawle's  Keports,  V, 
451.  The  decision  of  Congress  upon  this  sul)jcct  in  1789  was  by  a  very 
small  majority  in  tlie  House,  and  in  the  Senate  it  passed  only  by  tiie  casting 
vote  of  the  Vice-President.  And  this  decisi  •"  is  oiiiy  by  iiifrtr-nre  from  the 
Act  thus  passed,  which  provides,  that,  when  the  Secretary  of  ilio  Treasury 
should  be  removed  by  the  President,  his  assistmU  shall  disciiarge  the  duties 
of  the  office.  Mr.  Spencer  rightly  observes,  that  the  power  has  been 
"  repeatedly  denied  iu  and  out  of  Congress,  am*  snust  be  conside:  ed  as  yet 
an  unsettled  question."  —  Am.  Ed.] 


ilr 


(I    1 


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le 

V 

la 
i't 


TIIK   FKDKHAL    COXSTITUTION. 


157 


that  Franco  with  its  Kini>;  is  nearer  akin  to  a  repiihlie,  than 
the  Union  with  its  President  is  to  a  monareliy. 

In  all  that  ju'ecedes,  I  have  tonched  only  npon  the  main 
points  of  distinction  ;  it*  T  conld  have  entered  into  details, 
the  contrast  wonld  have  heen  still  more  strikino-. 

I  have  remarked  that  the  anthoritv  of  the  President  in 
the  United  States  is  oidy  exercised  within  the  limits  of  a 
partial  sovereignty,  whilst  that  of  the  King  in  France  is 
undivided.  I  miiiht  ha\e  gone  on  to  show  that  tlie  ])ower 
of  the  Kino-'s  tvovernment  in  France  exceeds  its  natiiral 
limits,  however  extensive  these  may  he,  and  ])enetrates  in 
a  thousand  different  ways  into  the  administration  of  pri- 
vate interests.  Amongst  the  examj)les  of  this  influence 
may  ))e  quoted  that  wliicli  results  from  the  great  numher 
of  public  functionaries,  who  all  derive  their  appointments 
from  the  executive  govcrmnent.  This  numher  now  ex- 
ceeds all  previous  limits  ;  it  amounts  to  lo8,000  *  nomina- 
tions, each  of  which  may  be  considered  as  an  element  of 
power.  The  President  of  the  United  States  has  not  the 
exclusiA^e  right  of  making  any  public  appointments,  and 
their  whole  number  scarcely  exceeds  12,000. f 

*  The  sums  aTniually  ])ai(l  by  the  state  to  these  ofKocrs  amount  to 
200,000,000  tVaiR'S   (ei-rlit  inillioiis  sttrlinj,'). 

t  Tliis  uuml)er  is  extracted  from  tlie  "National  Calendar"  for  1833. 

It  results  from  iiiis  eomparison,  tliat  the  King  of  France  has  eleven  times 
as  many  places  at  his  disposal  as  the  President,  altliouf^h  the  po|)ulution  of 
France  is  not  much  more  than  double  that  of  the  Union. 

[The  vast  increase  of  tlie  population  of  the  United  States,  since  Dc 
Tocqueville  wrote,  from  thirteen  millions  to  nearly  thirty  millions,  and  the 
conseciuent  necessary  eularjxcment  of  the  machinery  of  <j,overnment,  has 
nearly  reversed  these  jiroportions.  The  patronafje  of  the  President  of  the 
United  States  is  now  enormous,  and  has  l)ecome  a  domiiumt  feature  in  the 
operation  of  our  national  j^overnment.  Reckoninj^  tlie  subordinate  officers 
in  the  Post-OfHce  and  C\istoms  departments,  all  of  wlu)m  derive  their  ap- 
pointments eitiier  directly  or  indirectly  from  thj  President,  and  continue  in 
office  only  duvintr  liis  i)leasure,  and  most  of  -.vhom,  in  fact,  j^ive  i)lace  to  new 
incumbents  at  every  cluin^e  of  administration,  it  i.^  easy  to  see  that  the  iu- 


I' 


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ill 

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I    ( 


158 


DEMUCKACY  IN   AMERICA. 


I  i 


ACCIDENTAL   CAUSES  WHICH   MAY  INCREASE  THE   INFTUENCE 
OF    THE    EXECUTIVE    GOVERNMENT. 

External  Security  of  the  Union.  —  Army  of  six  thousand  Men.  —  Few 
Ships.  —  The  President  has  i^reat  rrero<,'atives,  but  no  Opportunity  of 
cxereising  tliem.  —  In  the  Preroyatives  which  he  does  exercise,  lie  is 
Weak. 

If  the  executive  government  is  feebler  in  America  than 
'in  France,  the  cause  is  perhaps  more  attributable  to  the 
circumstances  than  to  the  laws  of  the  country. 

It  is  chiefly  in  its  foreign  relations  that  the  executive 
power  of  a  nation  finds  occasion  to  exert  its  skill  and  its 
strength.  If  the  existence  of  the  Union  were  perpetually 
threatened,  if  its  chief  interests  were  in  daily  connection 
with  those  of  other  powerful  nations,  the  executive  gov- 
ernment would  assume  an  increased  importance  in  propor- 
tion to  the  measures  expected  of  it,  and  to  those  which  it 
would  execute.  The  President  of  the  United  States,  it  is 
true,  is  the  commander-in-chief  of  the  army,  but  the  army 
is  composed  of  only  six  thousand  men  ;  he  commands  the 
fleet,  but  the  fleet  reckons  but  few  sail ;  he  conducts  the 
foreign  relations  of  the  Union,  but  the  United  States  are 
a  nation  Avithout  neighbors.  Separated  from  the  rest  of 
the  world  by  the  ocean,  and  too  weak  as  yet  to  aim  at  the 
dominion  of  the  seas,  they  have  no  enemies,  and  their  in- 
terests rarely  come  into  contact  with  those  of  any  other 
nation  of  the  globe.  This  proves  that  the  practical  opera- 
tion of  the  government  must  not  be  judged  by  the  theory 
of  its  constitution.  The  President  of  the  United  States 
possesses  almost  royal  prerogatives,  which  he  has  no  op- 
portunity of  exercising,  and  the  privileges  which  he  can  at 

flucncc  of  the  executive  government,  through  tlie  number  of  places  at  its 
disposal,  has  become  excessive,  and  imperils  both  the  moral  character  and  the 
stability  of  our  republican  institutions.  — .\m.  Ed.] 


I      '■ 


~1 


THE    FEDERAL    CONSTITUTION. 


109 


present  use  arc  very  circumseril)ccl.     Tlic  laws  allow  him 
to  1)0  strong,  but  circumstance  ^  keep  him  weak. 

On  the  other  hand,  the  great  strength  of  the  royal  pre- 
rogative in  France  arises  from  circumstances  flu*  more  than 
from  the  laws.  There  the  executive  government  is  con- 
stantly struggling  against  immense  obstacles,  and  has  im- 
mense resources  in  order  to  overcome  them  ;  so  that  it  is 
eidarged  by  the  extent  of  its  achievements,  and  by  the 
importance  of  the  events  it  controls,  without  modifying  its 
constitution.  If  the  laws  had  made  it  as  feeble  and  as 
circumscribed  as  that  of  the  American  Union,  its  influence 
would  soon  become  still  more  preponderant. 


WHY  THE  PRESIDENT  OF  THE  UNITED  STATES  DOES  NOT 
NEED  A  MAJORITY  IN  THE  T^VO  HOUSES  IN  ORDER  TO 
CARRY    ON    THE    GOVERNMENT. 

It  is  an  established  axiom  in  Europe,  that  a  constitution- 
al king  cannot  govern  when  opposed  by  the  two  branches 
of  the  legislature.  Rut  several  Presidents  of  the  United 
States  have  been  know^i  to  lose  the  majority  in  the  legisla- 
tive body,  Avithout  being  obliged  to  abandon  the  su])reme 
power,  and  without  inflicting  any  serious  evil  upon  society. 
I  have  heard  this  fact  quoted  to  prove  the  indejiendence 
and  the  power  of  the  executive  government  in  America : 
a  moment's  reflection  Avill  convince  us,  on  the  contrary'', 
that  it  is  a  proof  of  its  weakness. 

A  king  in  Europe  recpiires  the  support  of  the  legislature 
to  enable  him  to  peiform  the  duties  imposed  upon  him  by 
the  constitution,  because  those  duties  ure  enormous.  A 
constitutional  king  in  Europe  is  not  merely  the  executor 
of  the  laAV,  but  the  execution  of  its  provisions  devolves  so 
completely  upon  him,  that  he  has  the  power  of  paralyzing 
its  force  if  it  opposes  his  designs.  He  requires  the  assist- 
ance of  the  legislative  assemblies  to  make  the  law,  but  those 


I  111: 


'i! 
4. 

i 
li'tl 


I  (i 


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im 


H 


'■  1 

1 

.  1 

i 

■ 

100 


DEMOCRACY    IN    A.MKUICA. 


assi'iuMios  noi*(l  his  aid  to  i-xecuto  it.  Those  two  iiuthor- 
itic'S  caiinot  subsist  witliout  oacli  otluT,  niul  ihe  nicrlmn- 
ism  ot'  <^ovt'riiineiit  is  stoj)pL'd  as  soon  as  tiny  are  at 
variance. 

In  Aincrica,  the  President  cannot  prevent  any  law  from 
beiu^-  passed,  nor  can  lu"  evade  the  obligation  of  enforcinf]j 
it.  His  sincere  and  zealous  co-oj»eration  is  no  doubt  useful, 
but  is  not  indisj)ensal>le,  in  carryiiiii;  on  public  affairs.  In 
all  his  important  acts,  he  is  directly  or  indirectly  subject  to 
'the  legislature  ;  and  of  his  own  free  authority,  he  can  do 
but  little.  It  is  tlierefore  his  weakness,  and  not  his  power, 
which  enables  him  to  remain  in  opposition  to  Couifress.  In 
Euroj)e,  harmony  must  reign  between  the  crown  and  the 
legislature,  because  a  collision  between  them  may  prove 
serious  ;  in  America,  this  harmony  is  not  indispensable, 
because  such  a  collision  is  impossible. 


ELECTION    OF   THE   PRESIDENT. 

The  Dangers  of  the  Elcptivc  Syst(>m  increase  in  Proportion  to  the  Extent 
of  tlie  IVoro^ative.  —  This  System  possil)le  in  America,  becanse  no 
powerful  Executive  Auuiority  is  required.  —  IIow  Circumstances  favor 
the  Estiil)lisliment  of  the  Elective  System.  —  Wliv  tlie  Election  of  the 
President  does  not  clian},^e  the  i'rinciples  of  the  Uovcrnuient.  —  Intlu- 
enee  of  the  Election  of  the  President  ou  Secondary  Functional  ics. 

The  dangers  of  the  system  of  election,  applied  to  the 
chief  of  the  executive  government  of  a  great  ])eople,  have 
been  sufficiently  exemplified  by  experience  and  by  his- 
tory. I  wish  to  speak  of  them  in  reference  to  America 
alone. 

These  dangers  may  be  more  or  less  formidable  in  pro- 
portion to  the  place  which  the  executive  power  occupies, 
and  to  the  importance  it  possesses  in  the  state  ;  and  they 
may  vary  according  to  the  mode  of  election,  and  tlie  cir- 


le 
le 


THK   I'KDKRAL   CONSTITUTIOX. 


161 


cnnistiinrcs  in  wlilcli  tlio  electors  are  [ilaced.  Tlio  most 
welirlity  ar;j;unu'nt  aoaitist  tlie  election  of  a  cliifl'  niat!;istrate 
is,  tliat  it  otK'rs  so  splendid  a  lure  to  privjite  anihltion,  and 
is  so  a})t  to  inllanu'  men  in  the  })nrsnit  of  power,  lli-  ,  when 
leoitimate  means  are  wantin^j;,  force  may  not  unfre<piently 
seizi'  wliat  ri<;ht  denie<l.  It  is  cK-ar  tiiat,  thi'  greai  m*  tiie 
])rei'o;;ativi's  of  execntive  antliority  ari',  the  ^I'l'ater  i.'  the 
temptation  ;  the  more  the  amitition  of  the  candidates  is  ex- 
cited, the  more  warmly  are  their  intei'csts  esj>onsed  by  a 
tln'onf;;  of  j)artisans,  who  hope  to  shai'c  the  power  when 
their  patron  has  won  the  }»rize.  'J'he  danu'  is  of  the  elec- 
tive system  increase,  therefore,  in  the  i-xn  atio  of  the 
inflnence  exercised  hy  the  cxecuti\e  power  ,  .  ihe  atlairs  of 
the  state.  The  revolutions  of  Poland  are  not  solely  attrib- 
II table  to  the  elective  system  in  general,  Imt  to  the  flict 
that  the  elected  monarch  was  the  sovereign  of  a  powerful 
kinodom. 

Before  we  can  discuss  the  absolute  advantages  of  tlie 
elective  system,  we  must  make  ])reliminary  in([uii'ies  as  to 
Avhether  the  geographical  position,  the  laws,  tlie  habits,  the 
manners,  and  the  opinions  of  the  j)eoj)le,  amongst  wdiom  it 
is  to  be  introduced,  will  admit  of  the  establishment  of  a 
weak  and  dependent  executive  govenuiient ;  for  to  attempt 
to  render  the  representative  of  the  state  a  powerful  sover- 
eign, and  at  the  same  time  elective,  is,  in  my  o{)ini()n,  to 
entertain  two  incompatible  designs.  To  reduce  hereditary 
royalty  to  the  condition  of  an  elective  authority,  the  only 
means  that  I  am  acquainted  with  are  to  circumscribe  its 
^.  lere  of  action  beforehand,  gradually  to  diminish  its  pre- 
rogatives, and  to  accustom  the  ])e()ple  l)y  degrees  to  live 
without  its  protection.  But  this  is  what  the  rej)ublicans 
of  Euroi)e  never  think  of  doino; :  as  manv  of  them  hate 
tyranny  only  because  they  are  exposed  to  its  severity,  it  is 
opj)ression,  and  not  the  extent  of  the  executive  power, 
which  excites  their  hostility ;  and  they  attack  the  former, 


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DEMOCRACY   IN   AMERICA. 


witliout  perceiving  liow  nearly  it  is  connected  with  the 
latter. 

Hitherto,  no  citizen  has  cared  to  expose  his  honor  and  his 
life  in  order  to  become  the  President  of  tlie  United  States, 
because  tlie  power  of  that  office  is  temporary,  limited,  and 
subordinate.  The  prize  of  fortune  must  be  great  to  en- 
courage adventurers  in  so  desperate  a  game.  No  candi- 
date has  as  yet  been  able  to  arouse  the  dangerous  enthusi- 
asm or  the  passionate  sympathies  of  the  people  in  his  favor, 
for  the  simple  reason  that,  when  he  is  at  the  head  of  the 
government,  he  has  but  little  power,  little  wealth,  and  little 
glory  to  share  amongst  his  friends  ;  and  his  influence  in  the 
state  is  too  small  for  the  success  or  the  ruin  of  a  faction  to 
depend  upon  his  elevation  to  power. 

The  great  advantage  of  hereditary  monarchies  is,  that, 
as  the  private  interest  of  a  family  is  always  intimately 
connected  with  the  in<^erests  of  the  state,  these  state  inter- 
ests are  never  neglected  for  a  moment ;  and  if  the  affiiirs 
of  a  monarchy  are  not  better  conducted  than  those  of  a 
republic,  at  least  there  is  always  some  one  to  conduct  them, 
well  or  ill,  according  to  his  capacity.  In  elective  states,  on 
the  contrary,  the  wheels  of  government  cease  to  act,  as  it 
were,  of  their  own  accord,  at  the  approach  of  an  election, 
and  even  for  some  time  previous  to  that  event.  The  laws 
may,  indeed,  accelerate  the  operation  of  the  election,  which 
may  be  conducted  with  such  simplicity  and  rapidity  that 
the  seat  of  power  will  never  be  left  vacant ;  but,  notwith- 
standing these  precautions,  a  break  necessarily  occurs  in 
the  minds  of  the  people. 

At  the  approach  of  an  election,  the  head  of  the  execu- 
tive government  thinks  only  of  the  strufffjle  which  is  com- 
ing  on  ;  he  no  longer  has  anything  to  look  forward  to  ;  he 
can  undertake  nothing  new,  and  he  will  only  prosecute 
with  indifference  those  designs  which  another  will  perhaps 
terminate.     "  I  am  so  near  the  time  of  my  retirement  from 


H  ;' 


M 

'S 

•h 
It 
1- 

n 


le 
le 


THE   FEDERAL   CONSTITUTION. 


163 


office,"  said  President  Jefferson,  on  the  21st  of  Jiiniiary, 
1809,  (six  weeks  before  tlie  election,*)  "  tliat  I  feel  no 
passion,  I  take  no  part,  I  express  no  sentiment.  It  appears 
to  me  just  to  leave  to  my  successor  the  commencement  of 
those  measures  which  he  will  have  to  prosecute,  and  for 
which  he  will  be  responsible."  On  the  other  hand,  the 
eyes  of  the  nation  are  centred  on  a  single  point  ;  all  are 
watching  the  rrradual  birth  of  so  important  an  event. 

The  wider  the  influence  of  the  executive  power  extends, 
the  greater  and  the  more  necessary  is  its  constant  action, 
the  more  fatal  is  the  term  of  suspense ;  and  a  nation 
which  is  accustomed  to  the  goverimient,  or,  still  more, 
one  used  to  the  administration  of  a  powerful  executive 
authority,  would  be  infallibly  convulsed  by  an  election. 
In  the  United  States,  the  action  of  the  government  may 
be  slackened  with  impunity,  because  it  is  ahvays  weak  and 
circumscribed. 

One  of  the  principal  vices  of  the  elective  system  is,  that 
it  always  introduces  a  certain  degree  of  instability  into  the 
internal  and  external  policy  of  the  state.  But  this  disad- 
vantage is  less  sensibly  felt  if  the  share  of  power  vested  in 
the  elected  magistrate  is  small.  In  Rome,  the  principles 
of  the  government  underwent  no  variation,  although  the 
Consuls  were  changed  every  year,  because  the  Senate, 
which  was  an  hereditary  assembly,  possessed  the  directing 
authority.  In  most  of  the  European  monarchies,  if  the 
kino;  were  elective,  the  kingdom  would  be  revolutionized 
at  every  new  election.  In  America,  the  President  exercises 
a  certain  influence  on  state  affairs,  but  he  does  not  conduct 

*  De  Tocqucville  is  in  error  here.  The  election  was  really  determined 
three  months  before,  in  November,  1808;  and  Jefferson,  writing:  six  weeks 
before  his  successor,  already  chosen,  was  to  come  into  office,  merely  ex{)resses 
liis  intention  to  leave  Mr.  Madison  to  initiate  his  own  ])olicy,  instead  of  em- 
barrassing him  by  leaving  projects  or  measures  begun,  I)ut  not  completed. 
—  Am.  Ed. 


1(U 


DKMOCUACY    IN   AMKHICA. 


them ;  the  projJoiKlc'ratiiiii;  power  is  vested  in  tlic  represent- 
atives of  tlie  whole  niition.  The  j)olitieal  maxims  of  the 
country  <lepen(l,  tlierefore,  on  the  mass  of  the  })eoj)le,  not 
on  tlie  President  alone ;  and  consequently,  in  America,  the 
elective  system  has  no  very  prejudicial  influence  on  the 
fixity  of  the  oovernment.  But  the  want  of  fixed  principles 
is  an  evil  so  inherent  in  the  elective  svstem,  that  it  is  still 
very  ])erceptil)le  in  the  narrow  sphere  to  which  the  author- 
ity of  the  President  extends. 

The  Americans  have  admitted  that  the  head  of  the  exec- 
utive power,  in  order  to  discharge  liis  duty  and  bear  the 
whole  weight  of  responsibility,  ought  to  be  free  to  choose 
his  own  agents,  and  to  remove  them  at  pleasure :  the  legis- 
lative bodies  watch  the  conduct  of  the  President  more  than 
they  direct  it.  The  consec^uence  is,  that,  at  every  new 
election,  the  fate  of  all  the  Federal  })ublic  officers  is  in 
suspense.  It  is  sometimes  made  a  subject  of  complaint, 
that,  in  the  constitutional  monarchies  of  Europe,  the  fate  of 
the  humbler  servants  of  an  administration  often  depends 
upon  that  of  the  ministers.  But  in  elective  governments 
this  evil  is  far  greater ;  and  the  reason  of  it  is  very  obvious. 
In  a  constitutional  monarchv,  successive  ministries  are 
rapidly  formed ;  but  as  the  principal  representative  of  the 
executive  power  is  never  changed,  the  spirit  of  innovation 
is  ke})t  within  bounds ;  the  changes  which  take  place  are 
in  the  details,  rather  than  in  the  principles,  of  the  adminis- 
trative system :  but  to  substitute  one  system  for  another, 
as  is  done  in  America  every  four  years  by  law,  is  to  cause 
a  sort  of  revolution.  As  to  the  misfortunes  which  may  fidl 
upon  individuals  in  consequence  of  this  state  of  things,  it 
must  be  allowed  that  the  uncertain  tenure  of  the  public 
offices  does  not  produce  the  evil  consequences  in  America 
which  might  be  expected  from  it  elsewhere.  It  is  so  easy 
to  acquire  an  independent  position  in  the  United  States, 
that  the  public   officer  who   loses   his   place   may  be  de- 


THE    FEDKUAL    CUN'STITUTION. 


IGo 


prived  of  tlie  comforts  of  life,  but  not  of  the  means  of 
subsistence. 

I  remarked  at  the  beginning  of  this  cliapter,  that  tlie 
dangers  of  the  elective  system,  aj)[)lied  to  the  head  of  the 
state,  are  auijmented  or  decreased  by  the  i)eculiar  circum- 
stances  of  the  people  which  adopts  it.  llcnvevi'i-  the  func- 
tions of  the  executive  power  may  be  restricted,  it  nuist 
always  exercise  a  great  influence  u}ton  the  foreign  policy 
of  the  country;  for  a  negotiation  cannot  be  oju-ned,  or 
successfully  carried  on,  otherwise  than  by  u  single  agent. 
The  more  precarious  and  the  more  }>erilous  the  position  of 
a  people  becomes,  the  more  absolute  is  the  want  of  a  flxed 
and  consistent  external  policy,  and  the  metre  dangerous 
does  the  system  of  electing  the  chief  magistrate  become. 
The  policy  of  the  Americans  in  relation  to  the  whole 
world  is  exceedingly  simple ;  and  it  may  almost  be  said 
that  nobody  stands  in  need  of  them,  nor  do  they  stand  in 
need  of  anybody.  Their  independence  is  never  threat- 
ened. In  their  })resent  condition,  therefore,  the  functions 
of  the  executive  power  aie  no  less  limited  by  circum- 
stances than  by  the  laws ;  and  the  President  may  fre- 
quently change  his  policy,  without  involving  the  state  in 
difficulty  or  destruction. 

Whatever  the  prerogatives  of  the  executive  power  may 
be,  the  period  which  immediately  precedes  an  election,  and 
that  during  which  the  election  is  taking  ])lace,  must  always 
be  considered  as  a  national  crisis,  which  is  perilous  in  pro- 
portion to  the  internal  embarrassments  and  the  external 
dangers  of  the  countiy.  Few  of  the  nations  of  EiM'o})e 
conld  escape  the  calamities  of  anarchy  or  of  con([uest 
every  time  they  might  have  to  elect  a  new  sovereign.  In 
America,  society  is  so  constituted  that  it  can  stand  without 
assistance,  upon  its  own  basis ;  nothing  is  to  be  feared  from 
the  pressure  of  external  dangers  ;  and  the  election  of  the 
President  is  a  cause  of  agitation,  but  not  of  ruin. 


160 


DEMOCRACY   IN   AMERICA. 


MODE    OF    ELECTION. 


Skill  of  the  American  Le^^islutors  shown  iu  tlio  Mode  of  Election  adopted 
by  them.  —  Creation  of  a  special  Electoral  Body.  —  Separate  Votes  of 
these  Electors.  —  Case  in  wliich  the  Ilonse  of  l{ei)resentativcs  is  called 
upon  to  clioose  the  President.  —  llesults  of  the  twelve  Elections  which 
have  taken  place  since  the  Constitution  has  been  estal)lishe<l. 


Besides  tlie  dangers  ^vliicli  are  inherent  in  the  system, 


in: 


my 


otl 


lers  nii 


ly 


ar 


ise  from   tlie  mode  of  election  :  but 


tliese  may  be  obviated  by  the  precautions  of  the  leoislator. 
Wlien  a  i)eoi)le  met  in  arms,  on  some  pubhc  s})ot,  to  clioose 
its  head,  it  ^vas  exposed  to  all  the  chances  of  civil  war  re- 
sultiuii'  from  such  a  mode  of  ])roceedino;,  besides  the  dan- 
gers of  the  elective  system  in  itself.  The  Polish  laws, 
which  subjected  the  election  of  the  sovereign  to  the  veto 
of  a  sinole  individual,  suooested  the  murder  of  that  indi- 
vidual,  or  pre})ared  the  way  for  anarchy. 

In  the  examination  of  the  institutions,  and  the  political 
as  well  as  social  condition  of  the  United  States,  we  are 
struck  by  the  admirable  harmony  of  the  gifts  of  fortune 
and  the  efforts  of  man.  That  nation  possessed  two  of  the 
main  causes  of  internal  peace  ;  it  Avas  a  new  country,  but  it 
was  inhabited  by  a  peo})le  grown  old  in  the  exercise  of  free- 
dom. Besides,  America  had  no  hostile  neighbors  to  dread ; 
and  the  American  legislators,  pio.iting  by  tliese  favorable 
circumstances,  created  a  weak  and  subordinate  executive 
powder,  which  could  without  danger  be  made  elective. 

It  then  only  remained  for  them  to  choose  the  least  dan- 
gerous  of  the  various  modes  of  election ;  and  the  rules 
which  they  laid  down  upon  this  point  admiribly  correspond 
to  the  securities  which  the  physical  and  political  constitu- 
tion of  the  country  already  aftbrded.  Their  object  was  to 
find  the  mode  of  election  which  would  best  express  the 
choice  of  the  people  with  the  least  possible  excitement  and 
suspense.     It  was  admitted,  in  the  first  place,  that   the 


THE    FKDKUAL   CUN6iri'UHUN. 


167 


sini])le  majority  should  decide  tlic  point ;  Lut  the  difficulty 
was,  to  obtain  this  majority  \vithout  an  interval  of  delay, 
which  it  was  most  imi)ortant  to  avoid.  It  rarely  lia|)[)ens 
that  an  individual  can  receive  at  the  first  trial  a  majority 
of  the  sulfrages  of  a  great  j)e()j)le  ;  and  this  ilitHculty  is 
enhanced  in  a  re])ublic  of  confederate  states,  where  local 
influences  are  far  more  develcjped  and  more  powerful. 
The  nn'ans  by  which  it  was  j)r()j)osed  to  obviate  this  sec- 
ond obstacle  was,  to  delegate  the  electoral  powers  of  the 
nation  to  a  body  which  should  represent  it.  This  mode  of 
election  rendered  a  majority  more  j)robab!e  ;  for  the  fewer 
the  electors  are,  the  greater  is  the  chance  tA'  tlieir  coming 
to  an  agreement.  It  also  ottered  an  additional  i)robaijility 
of  a  judicious  choice.  It  then  remained  to  be  -decided 
whether  this  right  of  election  was  to  be  intrusted  to  the 
legislature  itself,  the  ordinary  representative  of  the  nation, 
or  whether  a  special  electoral  college  should  be  formed  for 
the  sole  purpose  of  choosing  a  President.  The  Americans 
chose  the  latter  alternative,  from  a  belief  that  those  who 
were  chosen  only  to  make  the  laws  would  represent  but 
imperfectly  the  wishes  of  the  nation  in  the  election  of  its 
chief  magistrate ;  and  that,  as  they  are  chosen  for  more 
than  a  year,  the  constituency  they  represented  might  have 
changed  its  opinion  in  that  time.  It  was  thought  that,  if 
the  legislature  was  empowered  to  elect  the  head  of  the 
executive  power,  its  members  would,  for  some  time  before 
the  election,  be  exposed  to  the  manceuvres  of  corruption 
and  the  tricks  of  intrigue ;  whereas  the  special  electors 
would,  like  a  jury,  remain  mixed  up  with  the  crowd  till 
the  day  of  action,  when  they  would  appear  for  a  moment 
only  to  give  their  votes. 

It  was    therefore   determined   that   every  State   should 
name  a  certain  number  of  Electors,*  who  in  their  turn 

*  As  many  as  it  sends  members  to  Congress.    Tlie  number  of  Electors  at 
the  election  of  1833  was  288. 


168 


DEMOCRACY   IX   AMKIMC  \. 


!■! 


sliould  t'loc't  the  I'rcsidi'iit ;  and  as  it  liad  Ix't'ii  observed, 
that  the  assembhes  to  which  tlie  choice  ot"  a  chief  maiiistrato 
had  been  intrusted  in  elective  countries  ine vital »ly  became 
the  centres  of  })assion  and  cabal  ;  that  'hey  sonietinies 
iisurpeil  powers  which  did  not  belon<f  to  them  ;  and  that 
their  proceedings,  or  the  uncertainty  which  icsulted  from 
them,  were  sometinu'S  j)rolon<j;ed  so  nnich  as  to  endanner 
the  welliu'e  of  the  state,  —  it  was  determined  that  the  I'^lec- 
tors  should  all  vote  uj)on  the  same  da\ ,  without  beinu;  con- 
voked to  the  same  place.*  This  doid)le  election  rendered 
a  majority  })robable,  though  not  certain  ;  for  it  was  possible 
that  the  Electors  might  not,  any  more  than  their  constituents, 
come  to  an  agreement.  In  this  case,  it  would  hi'  necessary 
to  have  recourse  to  one  of  three  measures  ;  either  to  appoint 
new  Electors,  or  to  consult  a  second  time  those  already  ap- 
pointed, or  to  give  the  election  to  another  authority.  The 
first  two  of  these  alternatives,  inde})endently  of  the  uncer- 
tiiinty  of  their  results,  were  likely  to  delay  the  final  de- 
cision, and  to  perpetuate  an  agitation  which  must  always 
be  accompanied  with  danger.  The  third  expedient  was 
therefore  adopted,  and  it  was  agreed  that  the  votes  should 
be  transmitted,  sealed,  to  the  President  of  the  Senate,  and 
that  they  should  be  opened  and  counted  on  an  appointed 
day,  in  the  presence  of  the  Senate  and  the  House  of  Rep- 
resentatives. If  none  of  the  candidates  has  received  a 
majority,  the  House  of  Representatives  then  proceeds  im- 
mediately to  elect  the  President ;  but  with  the  condition 
that  it  must  fix  upon  one  of  the  three  candidates  who  have 
the  highest  number  of  votes  in  the  Electoral  College. f 

*  The  Electors  of  the  same  State  assemble,  but  they  transmit  to  the  cen- 
tral government  the  list  of  their  individual  votes,  and  not  the  mere  result 
of  the  vote  of  the  majority. 

t  In  this  case,  it  is  the  majority  of  the  States,  and  not  the  majority  of  the 
members,  which  decides  the  question ;  so  that  New  York  has  not  more  influ- 
ence in  the  debate  than  Rhode  Island.  Thus  the  citizens  of  the  Union  are 
first  consulted  as  members  of  one  and  the  same  community ;  and,  if  they 


TIIK    FKDKKAL   CONSllTUTION. 


1G9 


Thus,  it  is  only  in  ruse  of  an  event  wliich  cannot  often 
happen,  and  which  can  never  be  foreseen,  that  the  i-li'ction 
is  intrusted  to  the  ordiiuiry  Representatives  of  tlu'  nation  ; 
and  even  then,  \]\vy  are  ohlim'd  to  dioose  a  citi/cu  who  lias 
ahvadv  l>eeu  designated  l)y  a  ixiwerful  niinorifv  (tf  tlie 
special  I'^lectors.  It  is  by  this  happy  expedient  that  the 
respect  which  is  due  to  the  popular  voice  is  coud)inetl  with 
the  utmost  celerity  of  execution,  and  >vith  those  jtrecautions 
which  the  interests  of  the  c(»untry  demand.  Hut  the  de- 
cision of  the  (piestion  by  the  House  of  Keprescntativi's 
does  not  necessarily  oH'er  an  inunediate  solution  of  the 
difficultv  ;  for  the  maioritv  oi'  that  assi'mblv  may  still  be 
doubtfid,  and  in  this  case  the  Constitution  prescribes  no 
remedy.  Nevertheless,  l)y  restricting  the  number  of  can- 
didates to  three,  and  by  referring  the  matter  to  the  judg- 
ment of  an  enlightened  public  body,  it  has  smoothed  all 
the  obstacles  *  which  are  not  inherent  in  the  elective  svs- 
tern  itself. 

In  the  forty-foiu'  years  which  have  elapsed  since  the  pro- 
mulgation of  the  Federal  Constitution,  the  United  States 
have  twelve  times  chosen  a  President.  Ten  of  these  elec- 
tions took  i)lace  at  once  by  the  simultaneous  votes  of  the 
special  Electors  in  the  different  States.  The  House  of 
Re[)resentatives  has  only  twice  exercised  its  conditioi  >! 
privilege  of  deciding  in  cases  of  uncertainty:  the  first  time 
was  at  the  election  of  Mr.  Jefferson  in  1801 ;  the  second 
was  in  1825,  when  Mr.  J.  Quincy  Adams  was  named.f 

cannot  agree,  recourse  is  liad  to  the  division  of  the  States,  each  of  which  has 
a  sc[)arate  and  independent  vote.  This  is  one  of  the  singularities  of  the 
Federal  Constitution,  which  can  bo  explained  only  by  the  jar  of  conflicting 
interests. 

*  Jcfll-rson,  in  1801,  was  not  elected  until  the  thirty-sixth  time  of  bal- 
loting. 

t  Seventy-two  years  having  now  elapsed,  there  have  been  nineteen  Presi- 
dential elections,  and  still  the  House  of  Keprescntatives  has  been  rcciuircd  to 
act  in  the  election  only  twice.  —  Am.  Ed. 

8 


170 


DKMOCHACY   IN    AMKRICA. 


CRISIS    OF   THE    ELKCTION. 


I  i 


The  Election  may  lie  coiisiilcrcd  ua  a  MonieiU  of  Nutioiml  Crisis.  —  Wliy. 
—  l'a».>ioiis  of  tlio  IVopic.  —  Aiixii-ty  of  tlic  I'rcsiJcut.  —  Culm  which 
Buccccdtj  the  A^itutioii  of  the  ICIection. 

I  TiAVF,  sliown  what  tlie  cirenmstancos  arc  wliicli  favored 
the  a(l()j)ti()ii  of  tlie  elcctivo  system  iii  tlic  United  States, 
and  wliat  precautions  were  taken  by  the  len;islators  to  ob- 
viate its  (hinii'ers.  The  Americans  are  accustomed  to  all 
kinds  of  elections  ;  and  they  knew  by  experience  the  ut- 
most deo;rco  of  excitement  which  is  compatible  with  securi- 
ty. Tlie  vast  extent  of  the  country  and  the  dissemination 
of  the  inhabitants  render  a  collision  between  parties  less 
probable  and  less  dangerous  there  than  elsewhere.  The 
})olitical  circumstances  under  which  the  elections  have  been 
carried  on  have  not,  as  yet,  caused  any  real  danger.  Still, 
the  epoch  of  the  election  of  the  President  of  the  United 
States  may  be  considered  as  a  crisis  in  the  affairs  of  the 
nation. 

The  influence  which  the  President  exercises  on  public 
business  is  no  doubt  feeble  and  indirect ;  but  the  choice  of 
the  President,  though  of  small  importance  to  each  individ- 
ual citizen,  concerns  the  citizens  collectively ;  and  however 
trifling  an  interest  may  be,  it  assumes  a  great  degree  of 
importance  as  soon  as  it  becomes  general.  The  President 
possesses,  in  comparison  with  the  kings  of  Europe,  but  few 
means  of  creating  partisans ;  but  the  places  whicli  are  at 
his  disposal  are  sufficiently  numerous  to  interest,  directly 
or  indirectly,  several  thousand  electors  in  his  success.* 
Moreover,  political  parties  in  the  United  States  are  l.ed  to 
rally  round  an  individual  in  order  to  acquire  a  more  tangi- 

*  Owing  to  the  increase  of  patronage  already  referred  to  as  necessarily 
produced  by  the  vast  increase  of  the  population,  this  influence  has  now  be- 
come excessive,  and  very  dangerous.  —  Am.  Ed. 


! 


TIIK    IKDKUAL   CONSTIHTIoN. 


171 


Lie  shape  in  tin-  eyes  of  the  crowd  ;  an*!  tlic  name  of  tlio 
candidate  for  tlu-  Pri'sidency  is  jtut  forwanl  as  the  symbol 
and  personipH-ation  of  tlicir  theories.  For  these  reasons, 
j)arties  are  strongly  interested  in  gainin*;;  the  election,  not  so 
nnich  with  a  view  to  the  trinniph  of  tlicir  j)rinci|>li's  under 
the  anspices  of  the  President  eli'ct,  as  to  show,  hy  liis  eU'c- 
tion,  that  the  snpporters  of  those  principh's  now  I'orni  the 
majority. 

For  a  lonj:;  while  hefore  thi-  appointed  time  is  conu',  tlio 
election  becomes  the  imj)ortant,  and  (so  to  speak)  the  all- 
enii'rossino;,  topic  of  discnssion.  The  ardor  of  fiction  is 
redoubled  ;  and  all  the  ai'tiHcial  passions  which  the  imagi- 
nation can  create  in  a  happy  and  peaceful  huid  are  agitati-d 
and  bntuirht  to  lioht.  The  President,  moreover,  is  ab- 
sorbi'd  by  the  cares  of  self-defence,  lie  no  longi'r  governs 
for  the  interest  of  tlie  state,  but  for  that  of  his  re-election  ; 
he  does  homage;  to  the  maioritv,  and  instead  of  checkinij 
its  passions,  as  his  duty  connnands,  he  freijuently  courts  its 
worst  caprices.  As  the  election  draws  near,  the  activity 
of  intrigue  and  the  agitation  of  the  j)opulace  increase  ;  the 
citizens  are  divided  into  hostile  camps,  each  of  which  as- 
sumes the  name  of  its  favorite  candidate ;  the  whole  nation 
glows  with  feverish  excitement  ;  the  election  is  the  daily 
theme  of  the  public  jjapers,  the  subject  of  private  conver- 
sation, the  end  of  every  tlujught  and  every  action,  the  sole 
interest  of  the  present.  It  is  true,  that,  as  soon  as  the 
choice  is  determined,  this  ardor  is  dispelled  ;  the  calm  re- 
turns ;  and  the  river,  which  had  nearly  broken  its  banks, 
sinks  to  its  usual  level :  but  who  can  refrain  from  astonish- 
ment that  such  a  storm  should  have  arisen  ? 


172 


nr.MOCRACY   IN   AMKRICA. 


i{i;-i;T,r.(Tio\  of  thk  puksidknt. 


Wlii'ii  tlic  \ln\i\  nl'  ilif  K\4'(  iitivc  INiwtr  is  iv-t'li;;ililf,  it  is  tln^  Stiitc  which 
it*  thi-  Sdiifif  (if  Iiitii;:ii(!  mill  Cinrii|iti()ii.  —  'V\\v  Dcsiir  of  liciiij;  rc- 
clectni  is  the  rhiff  Aim  nf  a  I'ri'siih'iit  of  the  I'liiltMl  States.  —  Disail- 
vaii(a),'t' of  the  l{f-<'h'<tioii  |H>ciiliiir  to  Amcricn.  —  Tlic  Natural  Kvil  of 
Di'mo(ra<y  is,  that  it  ^'radmiliy  Hiilionliiiatt's  all  Aiitiiority  to  tlio  sliyht- 
CHt  Desires  of  tlic  Majority.  —  Tiic  Kc-cloilioii  of  llio  rn-sidoiit  eiicour- 
u;4i'!i  tiiiii  Evil. 

Wi'H'  tlio  Icmslators  of  tlic  TTiiItcd  Stiitcs  riolit  or  wronjj 
in  allowiiiij;  the  rc-t'lrction  of  tlio  Pri'sidriit  ?  It  seems,  at 
first  slolit,  ooiitrary  to  all  rejison,  to  prevent  the  liead  of 
the  exeeiitive  power  from  Leino;  eleeti'd  a  second  time. 
The  iiifliienee  which  the  talents  and  the  character  of  a 
sinolc  indixidtial  may  exercise  upon  the  fate  of  a  whole 
j)e()pl(»,  esj)ecially  in  critical  circtunstances  or  ardtious 
times,  is  well  known.  A  law  preventinjj;  the  re-election 
of  the  chief  map'strate  would  deprive  the  citizens  of  their 
best  means  of  insurin<ji;  the  prosj)erity  and  the  security  of 
the  conunonwealth  ;  and,  by  a  sini:fular  inconsistency,  a 
man  would  be  excluded  from  the  government  at  tlie  very 
time  when  he  had  proved  his  ability  to  govern  well. 

But  if  these  arguments  arc  strong,  perhaps  still  more 
poweiful  reasons  may  be  advanced  against  them.  Intrigue 
and  corruption  are  the  natural  vices  of  elective  govern- 
ment ;  but  when  the  head  of  the  state  can  be  re-elected, 
these  evils  rise  to  a  great  height,  and  compromise  the  very 
existence  of  the  country.  When  a  simple  candidate  seeks 
to  rise  by  intrigue,  his  mana?uvres  must  be  limited  to  a 
very  narrow  sphere  ;  but  when  the  chief  magistrate  enters 
the  lists,  he  borrows  the  strensth  of  the  covernment  for 
his  own  purposes.  In  the  former  case,  the  feeble  resources 
of  an  individual  are  in  action ;  in  the  latter,  the  state 
itself,  with  its  innuense  influence,  is  busied  in  the  work  of 
corruption  and  cabal.     The  private  citizen,  who  employs 


Tin;    riKKKAL    CUNSIIirilttN. 


17:3 


rnl|t!il)l(»  ]»ra('tI<'os  to  acriuiiv  power,  can  net  In  a  marinor 
only  iiMlIrcctly  prcjiidiiial  to  tlic  j»iil)li('  pro^iKTity.  JJnt  it' 
tile  nprt'sciitativt'  nt'  tlu;  executive  dt'sccnds  into  tin*  com- 
bat, tiic  cares  of  ;;ovcnnncnt  dwindK'  for  iiiin  into  second- 
rate  importance,  and  tlie  success  of  jiis  I'K-ction  is  liis  fnst 
concern.  All  pnlilic  neeotiations,  ns  well  as  all  laws,  are  to 
him  n(»tliin^  m(»re  than  I'lectioneei'inu;  schemes;  jdaces 
lu'come  the  rewanl  of  services  rendered,  not  to  tlie  nation, 
bnt  to  its  chii'f ;  and  the  inlhu'nce  of  the  lioxci'innent,  it' 
not  ininrions  to  tlie  conntrv,  is  at  least  no  longer  benelicial 
to  the  conunnnity  for  which  it  was  created. 

Jt  is  imj)ossil»le  to  consider  the  ordinary  conr«ie  of  all'airs 
in  the  L'nited  States  withont  perceivini;  that  the  desire  of 
hein^  re-elected  is  the  chief  aim  of  the  I'resident  ;  that  tho 
Avhole  j)olicy  of  his  administration,  and  even  his  most  in- 
ditferent  measnres,  tend  to  this  object  ;  and  that,  especially 
as  till'  crisis  apjjroaches,  his  personal  interest  takes  tho 
j)lace  of  his  inteivst  in  the  pnblic  oood.  The  principle  of 
re-elii:ibilitv  renders  the  corrnittini;  infhience  of  elective 
i^overnments  still  more  extensive  and  j)ernicions.  It  ti'iids 
to  derrrade  the  political  morality  of  tlie  ju'ople,  and  to  snb- 
stitnie  mana<iement  and  intrigne  for  i)atriotisni. 

In  America,  it  injnres  still  more  directly  the  very  sources 
of  national  existence.  Every  <j;overnment  seems  to  be 
atHicted  by  some  evil  wliich  is  inherent  in  its  nature,  and 
the  iienius  of  the  lemslator  consists  in  liaviuijj  a  clear  view 
of  this  evil.  A  state  may  survive  the  inHuence  of  a  host 
of  bad  laws,  and  the  mischief  they  cause  is  fretiuently  ex- 
ajTo-erated ;  but  a  law  which  encourae;es  the  j^rowth  of  the 
canker  within  must  prove  fatal  in  the  end,  althouiih  its 
bad  consequences  may  not  be  immediately  perceived. 

The  princijde  of  destruction  in  absolute  monarcliies  lies 
in  the  unlimited  and  unreasonable  extension  of  the  royal 
power ;  and  a  measure  tending  to  remove  the  constitutional 
provisions  wliich  counterbalance  this  influence  would  be 


174 


DEMOCRACY  IN  a:\ii:rica. 


radically  Lad,  even  if  its  immediate  consequences  were 
unattended  with  evil.  By  parity  of  reasoning,  in  coun- 
tries governed  by  a  democracy,  where  the  people  is  per- 
petually drawing  all  authority  to  itself,  the  laws  Avhich 
increase  or  accelerate  this  action  directly  attack  the  very 
principle  of  the  government. 

The  greatest  merit  of  the  American  legislators  is,  that 
they  clearly  discerned  this  truth,  and  had  the  courage  to 
act  up  to  it.  They  conceived  thai  a  certain  authority 
above  the  body  of  the  people  was  necessary,  which  should 
enjoy  a  degree  of  independence  in  its  sphere,  without  being 
entirely  beyond  the  popular  control ;  an  authority  which 
would  be  forced  to  comply  with  the  p6'rwa?*('n^  determina- 
tions of  the  majority,  but  which  would  be  able  to  resist  its 
caprices,  and  refuse  its  most  dangerous  demands.  To  this 
end,  they  centred  the  whole  executive  power  of  the  nation 
in  a  single  arm ;  they  granted  extensive  prerogatives  to  the 
President,  and  armed  him  with  the  veto  to  resist  the  en- 
croachments of  the  leo-islature. 

But  by  introducing  the  principle  of  re-election,  they 
partly  destroyed  their  work  ;  they  conferred  on  the  Presi- 
dent a  great  power,  but  made  him  little  inclined  to  use  it. 
If  inelio-ible  a  second  time,  the  President  would  not  be  in- 
dependent  of  the  people,  for  his  responsibility  would  not 
cease ;  but  the  favor  of  the  people  woidd  not  be  so  neces- 
sary to  him  as  to  induce  him  to  submit  in  every  respect  to 
its  desires.  If  re-eligible,  (and  this  is  especially  true  at 
the  present  day,  when  political  morality  is  relaxed,  and 
when  gi'eat  men  are  rare,)  the  President  of  the  United 
States  becomes  an  easy  tool  in  the  hands  of  the  majority. 
He  adopts  its  likings  and  its  animosities,  he  anticipates  its 
wishes,  he  forestalls  its  complaints,  he  yields  to  its  idlest 
cravings,  and  instead  of  guiding  it,  as  the  legislature  in- 
tended that  he  should  do,  he  merely  follows  its  bidding. 
Thus,  in  order  not  to  deprive  the  state  of  the  talents  of  an 


THE   I'EDKRAL   CONSTITUTION. 


17o 


individual,  tliosc  talents  have  been  rendered  almost  useless ; 
and  to  keep  an  expedient  for  extraordinary  perils,  the 
country  has  been  exposed  to  continual  dangers. 


FEDERAL   COURTS    OF   JUSTICE. 


* 


Political  Importance  of  the  Judiciary  in  the  United  States.  —  Difficulty  of 
treating  this  Sulijcct.  —  Utility  of  Judicial  Power  in  Ci>nfctk'rations.  — 
"What  Triliunals  could  l)c  introduced  into  the  Union.  —  Necessity  of  cs- 
tahlisliinj^  Federal  Courts  of  Justice.  —  Orj:aTii/,ation  of  tlie  NatioTial 
Judiciary.  —  The  Supreme  Court.  —  In  what  it  diflers  from  all  known 
Tribunals. 

I  HAVE  examined  the  legislative  and  executive  power 
of  the  Union,  and  the  judicial  power  now  remains  to  be 
considered ;  but  here  I  cannot  conceal  mv  fears  from  the 
reader.  Their  judicial  institutions  exercise  a  great  influ- 
ence on  the  condition  of  the  Anglo-Americans,  and  they 
occupy  a  very  important  place  amongst  political  institu- 
tions, properly  so  called :  in  this  respect,  they  are  pe- 
culiarly deservino;  of  our  attention.  But  I  am  at  a  loss 
how  to  explain  the  political  action  of  the  American  tribu- 
nals without  entering  into  some  technical  details  respecting 
their  constitution  and  their  forms  of  proceeding;  and  I 
cannot  descend  to  these  minutijn  without  wearying  the 
reader  by  the  natural  dryness  of  the  subject,  or  falling  into 
obscurity  through  a  desire  to  be  succinct.  I  can  scarcely 
hope  to  escape  these  diiferent  evils.  Ordinary  readers  will 
complain  that  I  am  tedious,  lawyers  that  I  am  too  concise. 
But  these  are  the  natural  disadvantages  of  my  subject,  and 
especially  of  the  point  which  I  am  now  to  discuss. 

Ihe  great  difficulty  was,  not  to  know  how  to  constitute 
the  Federal  government,  but  to  find  out  a  method  of  en- 
forcing its  laws.     Governments  have   generally  but  two 

*  See  Cliapter  VI.,  entitled  "Judicial  Power  in  the  United  States."  This 
chapter  explains  the  general  principles  of  the  American  judiciary. 


170 


DKMOCUACY   IN    AMKRICA. 


i''; 


means  of  overcoming  tlio  opposition  of  the  governed  ; 
namely,  tlie  j)liysical  force  wliicli  is  at  their  own  disposal, 
and  the  moral  force  which  tliey  derive  from  the  decisions 
of  the  courts  of  justice. 

A  government  which  should  have  no  other  means  of 
exacting  obedience  than  open  war,  must  he  very  near  its 
ruin,  for  one  of  two  things  would  then  probably  happen  to 
it.  If  it  was  weak  and  tem})erate,  it  would  resort  to  vio- 
lence only  at  the  last  extremity,  and  would  connive  at 
many  partial  acts  of  insubordination  ;  then  the  state  would 
gradually  fall  into  anarchy.  If  it  was  enterprising  and 
powerful,  it  would  every  day  have  recourse  to  physical 
strength,  and  thus  would  soon  fall  into  a  military  despot- 
ism. Thus  its  activity  and  its  inertness  would  be  equally 
prejudicial  to  the  community. 

The  great  end  of  justice  is,  to  substitute  the  notion  of 
right  for  that  of  violence,  and  to  place  a  legal  barrier  be- 
tween the  government  and  the  use  of  physical  force.  It  is 
a  strange  thing,  the  authority  which  is  accorded  to  the  in- 
tervention of  a  court  of  justice  by  the  general  opinion  of 
mankind!  It  clings  even  to  the  mere  formalities  of  justice, 
and  gives  a  bodily  influence  to  the  mere  shadow  of  the 
law.  The  moral  force  which  courts  of  justice  possess  ren- 
ders the  use  of  physical  force  very  rare,  and  is  frequently 
substituted  for  it ;  but  if  force  proves  to  be  indispensable, 
its  power  is  doubled  by  the  association  of  the  idea  of  law. 

A  federal  government  stands  in  greater  need  than  any 
other  of  the  support  of  judicial  institutions,  because  it  is 
naturally  weak,  and  exposed  to  formidable  opposition.*     If 

*  Federal  laws  arc  those  which  most  require  courts  of  justice,  and  those, 
at  the  same  time,  wliich  have  most  rarely  established  them.  The  reason  is, 
that  confederations  have  usually  been  formed  by  independent  states,  which 
had  no  real  intetition  of  obeying  the  central  government ;  and  though  they 
readily  ceded  the  right  of  cominand  to  the  central  government,  they  care- 
fully reserved  the  right  of  non-compliance  to  themselves. 


» 


THE   FEDERAL   CONSTITUTION. 


I  i 


it  Avorc  always  ol)lin;c(l  to  resort  to  violence  in  the  first  in- 
stance,  it  conld  not  fulfil  its  task.  The  I'nion,  therefore, 
stood  in  special  need  of  a  judiciary  to  make  its  citizens 
ohcv  the  laws,  and  to  renel  the  attacks  which  niiiiht  bo 


rej 


directed  against  tliem.  But  what  tribunals  were  to  exer- 
cise tliese  privileges  ?  Were  they  to  be  intrusted  to  the 
courts  of  justice  which  were  already  organized  in  every 
State  ?  Or  was  it  necessary  to  create  Fedei'al  courts  ?  It 
may  easily  be  proved  that  the  Union  could  not  adajtt  to  its 
wants  the  judicial  power  of  the  States.  The  separation  of 
the  judiciary  from  the  other  powers  of  the  state  is  neces- 
sary f()r  the  security  of  each,  and  the  liberty  of  all.  But 
it  is  no  less  important  to  the  existence  of  the  nation, 
that  the  several  powers  of  the  state  should  have  the  same 
origin,  follow  the  same  principles,  and  act  in  the  same 
s])liere  ;  in  a  word,  that  they  should  be  correlative  and  ho- 
mogeneous. No  one,  I  presume,  ever  thought  of  causing 
offences  committed  in  France  to  be  tried  by  a  foreign  court 
of  justice,  in  order  to  insure  the  impartiality  of  the  judges. 
The  Americans  form  but  one  people  in  relation  to  their 
Federal  government ;  but  in  the  bosom  of  this  people  di- 
Acrs  political  bodies  have  been  allowed  to  subsist,  which 
are  dependent  on  the  national  government  in  a  few  points, 
and  independent  in  all  the  rest,  —  which  have  all  a  distinct 
origin,  maxims  peculiar  to  themselves,  and  special  means 
of  carrvino;  on  their  affairs.  To  intrust  the  execution  of 
the  laws  of  the  Union  to  tribnnals  instituted  by  these 
political  bodies,  would  be  to  allow  foreign  judges  to  preside 
over  the  nation.  Nay,  more  ;  not  only  is  each  State  for- 
eign to  the  Union  at  large,  but  it  is  a  perpetual  adversary, 
since  whatever  authority  the  Union  loses  turns  to  the  ad- 
vantage of  the  States.  Thus,  to  enforce  the  laws  of  the 
Union  by  means  of  the  State  tribunals  would  be  to  allow 
not  only  foreign,  but  partial,  judges  to  preside  over  the 


nation. 


8* 


ti 


u 


i 


!.i 


tm ' 


178 


DEJIOCKACY  IN  A:\IERICA. 


But  the  numbor,  still  more  than  tlic  mere  cliaractor,  of 
th''  State  tribunals,  made  them  unfit  for  tlie  service  of  the 
nation.  When  tlie  Federal  Constitution  was  formed,  tliere 
were  already  thirteen  courts  of  justice  in  the  United  States, 
wliicli  decided  causes  without  appeal.  That  number  is 
now  increased  to  twenty-four  [thirty-four].  To  suppose 
that  a  state  can  subsist,  when  its  fundamental  laws  are 
subjected  to  four-and-twenty  different  interpretations  at 
the  same  time,  is  to  advance  a  proposition  alike  contrary 
to  reason  and  to  experience. 

The  American  leojislators  therefore  agreed  to  create  a 
Federal  judicial  power  to  apply  the  laws  of  the  Union,  and 
to  determine  certain  questions  affecting  general  interests, 
which  were  carefully  defined  beforehand.  The  entire  judi- 
cial power  of  the  Union  was  centred  in  one  tribunal,  called 
the  Supreme  Court  of  the  United  States.  But,  to  facili- 
tate the  expedition  of  business,  inferior  courts  were  ap- 
pended to  it,  which  were  empowered  to  decide  causes  of 
small  importance  without  appeal,  and,  with  appeal,  causes 
of  more  magnitude.  The  members  of  the  Supreme  Court 
are  appointed  neither  by  the  people  nor  the  legislature,  but 
by  the  President  of  the  United  States,  acting  Avith  the 
advice  of  the  Senate.  In  order  to  render  them  indepen- 
dent of  the  other  authorities,  their  office  was  made  inalien- 
able ;  and  it  was  determined  that  their  salary,  when  once 
fixed,  should  not  be  diminished  by  the  legislature.*  It 
was  easy  to  proclaim  the  principle  of  a  Federal  judiciary, 
but  difficulties  multiplied  when  the  extent  of  its  jurisdiction 
was  to  be  determined. 

*  Tlie  Uiiiou  was  divided  into  districts,  in  cadi  of  whicli  a  resident  Fed- 
eral judge  was  appointed,  and  the  <.'ourt  in  wliich  he  presided  was  termed  a 
"  District  Court."  Each  of  the  judges  of  the  Supreme  Court  annually  visits 
a  certain  portion  of  the  country,  in  order  to  try  the  most  important  causes 
upon  the  spot :  the  court  jiresided  over  by  this  magistrate  is  styled  a  "  Cir- 
cuit Court."  Lastly,  all  the  most  serious  cases  of  litigation  are  brought, 
either  primarily  or  by  appeal,   before  tiie  Supreme  Court,  which  holds  a 


•*■ 


TIIK   FEDKRAL   CONSTI  lUTION. 


17i> 


MEANS     OF     DETERMINING     THE     JURISDICTION     OF    THE 

FEDERAL   COURTS. 


Am 


Difficulty  of  determining  the  Jurisdiction  of  the  different  Courts  of  Justice 
in  Confederations.  —  The  Courts  of  the  Union  obtained  tlie  Ri^^iit  of 
fixing  their  own  Jurisdiction. — In  what  respects  tliis  Kulc  attacks  the 
Portion  of  Sovereignty  reserved  to  tlie  several  States.  —  The  Sover- 
eignty of  these  States  restricted  by  the  Laws  and  by  the  Interi)retation 
of  the  Laws.  —  Danger  thus  incurred  by  tlie  several  States  more  ajipar- 
ent  than  real. 

As  the  constitution  of  the  United  States  recocrnized  two 
distinct  sovereignties,  in  presence  of  each  otlier,  repre- 
sented in  a  judicial  point  of  view  by  two  distinct  classes  of 
courts  of  justice,  the  utmost  care  taken  in  dcfiniiio;  their 
separate  jurisdictions  would  have  been  insufficient  to  ])re- 
vent  frequent  collisions  between  those  tribunals.  Tlie 
question  then  arose,  to  whom  the  right  of  deciding  the 
competency  of  each  court  was  to  be  referred. 

In  nations  which  constitute  a  single  body  politic,  when  a 
question  of  jurisdiction  is  debated  between  two  courts,  a 
third  tribunal  is  generally  within  reach  to  decide  the  dif- 
ference ;  and  this  is  effected  without  difficulty,  because, 
in  these  nations,  questions  of  judicial  competency  have  no 
connection  with  questions  of  national  sovereignty.  But  it 
was  impossible  to  create  an  arbiter  between  a  superior 
court  of  the  Union  and  the  superior  court  of  a  se])arate 
State,  which  would  not  belong  to  one  of  these  two  classes. 
It  was  therefore  necessary  to  allow  one  of  these  courts  to 

solemn  session  once  a  year,  at  which  all  the  judges  of  the  Circuit  Courts  must 
attend.  The  jury  was  introduced  into  the  Federal  courts,  in  the  same 
manner,  and  for  the  same  cases,  as  into  the  courts  of  the  States. 

It  will  be  observed  tliat  no  analogy  exists  between  the  Supreme  Court  of 
the  United  States  and  the  French  Conr  de  Cassation,  since  the  latter  only 
hears  appeals.  Tiie  Supreme  Court  judges  of  the  fact,  as  well  as  the  law, 
of  the  case ;  the  Cour  de  Cassation  does  not  pronounce  a  decision  of  its 
own,  but  refers  the  cause  to  another  tril)unal. 


It 


180 


DEMOCRACY  IN   AMERICA. 


«■ 


jii(lii;(>  its  own  cause,  aiifl  to  take  or  to  retain  rop;ni/.anre  of 
the  ])(>iiit  wliicli  was  contested.  To  grant  tliis  privilege  to 
tlio  different  courts  of  tlio  States  would  have  heen  to  de- 
stroy the  sovereignty  of  the  Union  de  fdcto^  after  having 
estahlished  it  ih  jure;  for  the  interpretation  of  the  Consti- 
tution would  soon  have  restored  to  the  States  that  portion 
of  indej)endence  of  which  the  terms  of  the  Constitution 
dej)iMved  them.  The  ohject  of  creating  a  Federal  trihunal 
Avas  to  prevent  the  State  courts  from  deciding,  each  after 
its  own  fashion,  questions  affecting  the  national  interests, 
and  so  to  form  a  uniform  body  of  jurisprudence  for  the 
interj)retation  of  the  laws  of  the  Union.  This  end  would 
not  have  been  attained  if  the  courts  of  the  several  States, 
even  while  they  abstained  from  deciding  cases  avowedly 
Federal  in  their  nature,  had  been  able  to  decide  them  by 
pretending  that  they  were  not  Federal.  The  Supreme 
Court  of  the  United  States  was  therefore  invested  with 
the  right  of  determining  all  questions  of  jurisdiction.* 

This  was  a  severe  blow  to  the  sovereignty  of  the  States, 
M'hich  was  thus  restricted  not  only  by  the  laws,  but  by  the 
interpretation  of  them,  —  by  one  limit  which  was  know- n, 
and  by  another  which  was  dubious,  —  by  a  rule  which  was 
certain,  and  one  which  was  arbitrary.  It  is  true,  the  Con- 
stitution had  laid  down  the  precise  limits  of  the  Federal 
supremacy ;  but  whenever  this  supremacy  is  contested  by 
one  of  the  States,  a  Federal  tribunal  decides  the  question. 
Nevertheless,  the  dangers  with  which  the  independence  of 
the  States  is  threatened  by  this  mode  of  proceeding  are  less 
serious  than  they  appear  to  be.     We  shall  see  hereafter, 

*  In  order  to  diminish  tiie  number  of  these  suits,  however,  it  was  decided 
that,  in  a  great  many  Federal  causes,  the  courts  of  the  States  should  be  em- 
powered to  decide  conjointly  with  those  of  the  Union,  the  losing  party  hav- 
ing then  a  right  of  appeal  to  the  Supreme  Court  of  the  United  States.  Tiie 
Supreme  Court  of  Virginia  contested  the  right  of  the  Supreme  Court  of  the 
United  States  to  judge  an  appeal  from  its  decisions,  but  unsuccessfully.  See 
Kent's  Commentaries,  Vol.  I.  pp.  300,  370,  et  seq. 


fl 


y 


THE  ri:i)i:uAL  constitution. 


181 


that,  in  America,  tlie  real  ])0\ver  is  vested  in  tlie  States  far 
more  than  in  the  Federal  (government.  The  Federal 
iudfes  are  conscious  of  the  rehitiw  weakness  of  tlie 
power  in  whose  name  they  act ;  and  tliey  are  more  in- 
cHned  to  abandon  the  right  of  juris(Uction,  in  casi's  wliere 
the  law  gives  it  to  them,  than  to  assert  a  })rivilege  to 
which  they  have  no  legal  claim. 


DIFFERENT   CASES   OF   JUIIISDICTION. 

The  Matter  aud  the  Party  arc  tlic  First  Conditions  of  tlic  Federal  Jurisdic- 
tion.—  Suits  iu  wiiicli  Amlia.ssadurs  are  ciij;aj.'eil.  —  Or  the  Union. — 
Or  a  separate  State.  —  I}y  whom  tried. — Causes  resuhin;:  from  tiie 
Laws  of  the  Union.  — Wiiy  jncljied  \)y  the  FeiU'ral  Trilmnals.  —  Causes 
relating  to  the  Non-performaiiee  of  Contracts  tried  l)y  the  Federal  Courts. 
—  Couscquences  of  this  ^\j.'ranf;eincnt. 

After  establishing  the  competency  of  the  Federal  courts, 
the  legislators  of  the  Union  defined  the  cases  which  should 
come  within  their  jim.sdiction.  It  was  determined,  on  the 
one  hand,  that  certain  parties  must  always  be  brought 
before  the  Federal  courts,  without  regard  to  the  .special 
natnrc  of  the  suit ;  and,  on  the  other,  that  certain  causes 
must  always  be  brought  before  the  same  courts,  no  mat- 
ter who  were  the  parties  to  them.  The  party  and  the 
canse  were  therefore  admitted  to  be  the  two  bases  of  Fed- 
eral jurisdiction. 

Ambassadors  represent  nations  in  amity  with  the  Union, 
and  whatever  concerns  these  personages  concerns  in  some 
degree  the  whole  Union.  When  an  ambassador,  therefore, 
is  a  party  in  a  suit,  its  issue  affects  the  welfare  of  the 
nation,  and  a  Federal  tribunal  is  naturally  called  upon  to 
decide  it. 

The  Union  itself  may  be  involved  in  legal  proceedings, 
and,  in  this  case,  it  w^ould  be  contrary  to  reason  and  to  the 
customs  of  all  nations  to  appeal  to  a  tribunal  representing 


182 


DKMOCRACY   IN    AMKUU'A. 


I  I  !^^ 


any  other  soveroirrnty  than  its  own  :  tlie  Federal  courts 
alone,  therefore,  tiike  cognizance  of  these  affairs. 

When  two  parties  belonging  to  two  difierent  States  are 
engaged  in  a  suit,  the  case  cannot  with  jjropriety  bo 
brouglit  before. a  court  of  either  State.  The  surest  expe- 
dient is  to  select  a  tribunal  wliicli  can  excite  the  suspicions 
of  neither  party,  and  this  is  naturally  a  Federal  court. 

When  the  two  parties  are  not  private  individuals,  but 
States,  an  important  political  motive  is  added  to  the  same 
consideration  of  equity.  The  quality  of  the  parties,  in 
this  case,  gives  a  national  importance  to  all  their  disputes ; 
and  the  most  trifling  litigation  between  two  States  may  be 
said  to  involve  the  peace  of  the  whole  Union.* 

The  nature  of  the  cause  frequently  prescribes  the  rule 
of  com])etency.  Thus,  all  questions  which  concern  mari- 
time affairs  evidently  fall  under  the  cognizance  of  the  Fed- 
eral tribunals.!  Almost  all  these  questions  depend  on  the 
interpretation  of  the  law  of  nations  ;  and,  in  this  respect, 
they  essentially  interest  the  Union  in  relation  to  foreign 
powers.  Moreover,  as  the  sea  is  not  included  within  the 
limits  of  any  one  State  jurisdiction  rather  than  another, 
only  the  national  courts  can  hear  causes  which  originate  in 
maritime  affairs. 

The  Constitution  comprises  under  one  head  almost  all 
the  cases  which,  by  their  very  nature,  come  before  the 

*  Tlic  Constitution  also  says  tliat  the  Federal  courts  shall  decide  "  con- 
trovcrsies  between  a  State  and  the  citizens  of  another  State."  And  here  a 
most  important  question  arose,  —  -.vhether  the  jurisdiction  given  by  the  Con- 
stitution, in  cases  in  which  a  State  is  a  party,  extended  to  suits  brought 
tujainst  a  State  as  well  as  hi)  it,  or  was  exclusively  confined  to  the  latter. 
The  question  was  most  elaliorately  considered  in  the  case  of  Chishohn  v. 
Gcorrjin,  and  was  decided  by  the  majority  of  the  Supreme  Court  in  the  af- 
firmative. The  decision  created  general  alarm  among  the  States,  and  an 
amendment  was  proposed  and  ratified,  by  which  the  power  was  entirely 
taken  away  so  far  as  it  regards  suits  brought  a<jamst  a  State. 

t  As,  for  instance,  all  cases  of  piracy. 


J 


R 


THE    I'EDKRAL   CONSTITl  ilOX. 


183 


» 


Fedeiu-  courts.  The  rule  ■svliicli  it  lays  dowu  is  simple, 
but  pre(^nant  with  nu  entire  system  of  ideas,  and  with  a 
multitude  of  facts.  It  declares  that  the  judicial  power  of 
the  Supreme  Court  shall  extend  to  all  cast's  in  law  and 
equity  arislmj  niitlr  the  lutvs  of  (he  United  IStittes. 

Two  examples  will  put  the  intention  of  the  legislator  in 
the  clearest  lijilit. 

The  Constitution  prohibits  the  States  from  making  laws 
on  the  value  and  circulation  of  money.  If,  notwithstand- 
ing this  prohibition,  a  State  jiasses  a  law  of  this  kind,  with 
which  the  interested  i)arties  refuse  to  comply  because  it  is 
contrary  to  the  Constitution,  the  case  must  come  before  a 
Federal  court,  because  it  arises  mider  the  Lnvs  of  the 
United  States.  Again,  if  difficulties  arise  in  the  levying 
of  import  duties  which  have  been  voted  by  Congress,  the 
Federal  court  must  decide  the  case,  because  it  arises  under 
the  interpretation  of  a  law  of  the  United  States. 

This  rule  is  in  perfect  accordance  with  the  fundamental 
principles  of  the  Federal  Constitution.  The  Union,  as  it 
was  established  in  1789,  possesses,  it  is  true,  a  limited  sov- 
ereignty ;  but  it  was  intended  that,  within  its  limits,  it 
should  form  one  and  the  same  people.*'  Within  those 
limits,  the  Union  is  sovereign.  When  this  point  is  es- 
tablished and  admitted,  the  inference  is  easy ;  for  if  it  be 
acknowledged  that  the  United  States,  w^ithin  the  bounds 
prescribed  by  their  Constitution,  constitute  but  one  people, 
it  is  impossible  to  refuse  them  the  rights  which  belong  to 
other  nations.  But  it  has  been  allowed,  from  the  origin  of 
society,  that  every  nation  has  the  right  of  deciding  by  its 
own  courts  those  questions  which  concern  the  execution 

*  Thia  priuciple  was,  in  some  measure,  restricted  by  the  introduetion  of 
the  several  States  as  independent  powers  into  the  Senate,  and  l»y  allowing 
them  to  vote  separately  in  the  House  of  Representatives  when  the  President 
is  elected  i)y  that  body.  But  these  are  exceptions,  and  the  contrary  principle 
is  the  rule. 


184 


DKMOCKACY    IN    AMKUICA. 


of  its  own  laws.     To  this  it  is  unswcivd,  tliut  the  Union  is 


s: 


in  .so  sin;j;iihir  a  ])osition 


tluit, 


in  relation  to  sonic  matters. 


it  constitntc's  hut  one  people,  and  in  relation  to  all  the  rest, 
it  is  a  nonentity.  lUit  the  inference  to  be  drawn  is,  that, 
in  the  laws  relating  to  these  matters,  the  Union  possesses 
all  the  rights  of  absolute  sovereignty.  The  dilKeulty  is  to 
know  what  these  matters  are  ;  and  when  once  it  is  re- 
solved, (and  we  have  shown  how  it  was  resolved,  in  speak- 
ino;  of  the  means  of  determining;  the  iurisdietion  of  the 
Federal  courts,)  no  further  doubt  can  arise ;  for  as  soon  as 
it  is  established  that  a  suit  is  Federal,  that  is  to  say,  that  it 
belongs  to  the  share  of  sovereignty  reserved  by  the  Consti- 
tution to  the  Union,  the  luitural  consequence  is,  that  it 
should  come  within  the  jurisdiction  of  a  Federal  court. 

Whenever  the  laws  of  the  United  States  are  attacked, 
or  whenever  they  are  resorted  to  in  self-defence,  the  Fed- 
eral courts  must  be  a])pealed  to.  Thus  the  jurisdiction  of 
the  tribunals  of  the  Union  extends  and  narrows  its  limits 
exactlv  in  the  same  ratio  as  the  sovereignty  of  the  Union 
augments  or  decreases.  We  have  shown  that  the  pi'incipal 
aim  of  the  legislators  of  1789  was  to  divide  the  sovereign 
authority  into  two  parts.  In  the  one,  they  placed  the  con- 
trol of  all  the  general  interests  of  the  Union,  in  the  other, 
the  control  of  the  special  interests  of  its  component  States. 
Their  chief  solicitude  was,  to  arm  the  Federal  government 
with  sufficient  power  to  enable  it  to  resist,  within  its  sphere, 
the  encroachments  of  the  several  States.  As  for  these 
communities,  the  general  principle  of  independence  within 
certain  limits  of  their  own  was  adopted  in  their  behalf; 
there  the  central  government  cannot  control,  nor  even 
inspect,  their  conduct.  In  speaking  of  the  division  of  au- 
thority, I  observed  that  this  latter  principle  had  not  always 
been  respected,  since  the  States  are  prevented  from  passing 
certain  laws,  which  apparently  belong  to  their  own  partic- 
ular sphere  of  interest.    When  a  State  of  the  Union  passes 


T 


,1  • 


Tin:  iLi)i:i{AL  conshtuiton. 


185 


a  law  of  tliis  kind,  the  citi/cns  who  aiv  iiijuivtl  by  its  cx- 
ecutiim  can  appeal  to  the  Ft-deral  courts. 

Thus  the  jurisiliction  of  the  Federal  eourts  extends,  not 
only  to  all  the  cases  which  uise  undiT  tlu'  laws  <»f  the 
Union,  but  also  to  those  which  arisi-  under  laws  inadi'  by 
the  several  States  in  op[)()sition  to  the  Ctinstitution.  The 
States  are  prohibited  from  making  cx-jioxt-l'itcto  laws  in 
criminal  cases  ;  and  any  person  condi'unied  by  \  irtue  of  a 
law  of  this  kind,  can  appeal  to  the  judicial  powi'r  of  the 
Union.  The  States  are  likewise  |)rohibiti'(l  from  makin;^ 
laws  -which  mav  impiiir  tlu'  obligation  of  contracts.*  If  iv 
citizen  thiidvs  that  an  obliij;ation  of  this  kind  is  impairi'tl  by 
a  law  passed  in  his  State,  he  may  refuse  to  obey  it,  and 
may  a}>pe;d  to  the  Federal  courts. f 

♦  It  is  perfectly  clfftr,  says  Mr.  Story,  (Commentaries,  p.  50.1,  or  in  tlio 
larpc  edition  §  l.'J7'J,)  tliat  any  law  wliieli  eniar;ies,  aliridjios,  or.  in  any  man- 
ner elian^es  tho  intention  of  the  i)artie!),  resulting  from  llie  siipulations  in 
the  contract,  Jiecessariiy  impairs  it.  lie  gives  in  tlie  same  i)lace  a  very  care- 
ful (lellnitioii  of  what  is  understood  l>y  a  contract  in  Federal  jurisprudence. 
The  definition  is  verv  hroad.  A  craut  made  liv  tla^  Siatc  to  a  privat(!  indi- 
vidua),  and  accei»tod  hy  him,  is  a  contract,  and  caimot  lie  revoked  hy  any 
future  law.  A  charter  uninti'd  hy  the  State  to  ii  company  is  a  cfintract,  and 
eipially  hindin;;  on  the  State  as  on  the  grantee.  The  clause  of  the  Constitu- 
tion here  referred  to  insures,  therefore,  tho  existence  of  a  great  part  of  ac- 
quired rights,  hut  not  of  all.  Property  may  legally  lie  held,  though  it  may 
not  have  jiassed  into  tho  possessor's  hands  hy  means  of  a  contract ;  and  its 
possession  is  an  ac([uired  right,  not  guaranteed  hy  the  Federal  Constitution. 

t  A  renuu'kal)le  instance  of  this  is  given  hy  Mr.  Stor\'  (p.  .^OS,  or  in  tho 
large  edition  §  1388).  "Dartmouth  College  in  New  l[anii)shire  had  heeii 
founded  hy  a  charter  granted  to  certain  individuals  hefore  the  American 
lievolution,  and  its  trustees  formed  a  corporation  under  this  charter.  Tho 
legislature  of  New  llami)shire  had,  without  the  consent  of  tliis  corjioration, 
passed  an  act  changing  the  terms  of  the  original  charter  of  the  College,  and 
transferring  all  the  rights,  privileges,  and  franchises  derived  from  the  old 
charter  to  new  trustees  appointed  under  the  act.  The  constitutionality  of 
the  act  wa^  contested,  and  the  cause  was  carried  n\)  ro  the  Supremo  (Fed- 
oral)  Court,  wiicre  it  was  held,  that  the  Provincial  charter  was  a  contract 
within  the  meaning  of  the  Constitution,  and  that  tho  amendatoiy  act  was 
utterly  void,  as  impaiiing  the  ohligatiou  of  that  charter." 


i 


)!,. 


18G 


DKMOCKACY  IN   AMKKlCA. 


Tills  provision  a))|)i':irs  to  mc  to  1k'  tlie  most  sorioiis 
attack  upon  tliu  iiKli-pondiMicc  of  tliu  States.  Tin;  ri;;lit.s 
accorded  to  the  Fi'diTal  ^"ovcnnucnt  for  purposes  obviously 
natiouid  arc  definite  and  easily  understood  :  l)ut  those  n  itii 
>vliicli  tliis  clause  invi'sts  it  are  neither  clearly  api)reciablo 
nor  accin'ately  defined.  For  there  are  many  political  laws 
■which  allcct  the  existence  of  contracts,  which  mioht  thus 
i'lu'uish  a  pretext  for  the  encroachments  of  the  central  au- 
thority.* 

*  Tlic  npprclipnsions  cxprossod  in  tliis  pnrnfrmph  seem  to  Itc  unfoundofl. 
The  ol)j('ct  of  till!  cliiusi!  in  the  Constitution  rospiictiiij;  contracts  is  not  so 
niudi  to  sticii;;tiicii  tlic  Federal  {;ovci'nincut  us  to  protect  j)rivate  individuals 
against  hurnit'ul  and  unjust  State  le^^isiation.  It  duos  not  limit  the  power 
of  tlio  States,  except  by  pruhiliitin;^  thcin  from  couimittin;,'  positive  wrong. 
Thoy  can  still  Icj^ishito  ujion  the  suliject  of  future  contracts;  tliey  can  pre- 
Bcrilio  what  contracts  shall  ho  forniiMl,  and  liow  ;  hut  they  cannot  imjiair  any 
that  are  alrtrnJij  made.  Any  law  which  shouiil  autiiorize  the  lircach  of  a  con- 
tract already  nuule,  or  in  any  way  impair  its  obligation,  would  bo  obviously 
unjust. 

Moreover,  as  Mr.  Si)encer  observes,  tlic  author  is  in  error  "  in  supposing 
the  judiciary  of  tlie  United  States,  and  particularly  the  Supreme  Court,  to 
be  a  ])art  of  the  political  Federal  government,  and  a  ready  instrument  to  ex- 
ecute its  desifriis  upon  tlic  State  authorities.  Altl)ou,<j;li  the  jud^^os  arc  in 
form  commissioned  by  the  United  States,  yet  they  are  in  fact  appointed  by 
the  delofiates  of  the  States,  in  the  Senate  of  the  United  States,  concurrently 
with  and  acting  upon  the  uomiiuitiou  of  the  President.  In  truth,  the  ju- 
diciary have  no  political  duties  to  perform ;  they  arc  arbiters  chosen  by  the 
Federal  and  State  governments  jointly,  and,  when  appointed,  as  indei)cndent 
of  one  as  of  the  other.  They  cannot  be  removed  without  the  consent  of 
the  States  represented  in  the  Senate ;  and  they  can  be  removed  without  tho 
consent  of  the  President,  and  against  his  wishes.  Such  is  the  theory  of  the 
Constitution.  And  it  has  been  felt  practically,  in  the  rejection  by  the  Senate 
of  persons  nominated  as  judges  by  a  President  of  the  same  political  party 
with  a  majority  of  the  Senators.  Two  instances  of  tliis  kind  occurred  dur- 
ing the  administration  of  Mr.  Jefferson."  —  Am.  Ed. 


THK   IKDKIJAL   CONSTITl'TION. 


187 


rnOCKDURE    OP   THE    FIOKUAL   COURTS. 


Natural  Wciikiirss  of  tlic  Juiliciiil  Powit  in  CDiiri'dtTiitiiiiis.  —  Lcyi.slatora 
ou;^lit,  Its  iiiticli  a.s  pussihlc,  to  I  riiii;  I'rivatu  Iiidiviiliials,  and  not  StatoD, 
before  tlic  Fetli-ral  Courts.  —  llow  tlio  Amcrirans  have  sucrfCfU-il  in  thin. 
—  Dirt'ft  I'rosocution  of  I'rivato  IndiviiluaLs  in  tlio  I'Vdcral  (ourl.i. — 
Indirect  I'rostM  ution  of  tin*  States  wliidi  violate  tlie  I.invs  of  the  Union. 
—  'I'he  Decrees  of  tlie  iSuprenie  Court  enervate,  hut  do  not  distroy,  the 
Stato  Lawd. 

I  HAVK  .shown  what  tlic  rlolits  of  tlio  FihUmmI  coiirt.s  are, 
and  it  is  no  k'ss  ini})()ftant  to  sliow  liow  they  are  exiTcisctl. 
The  invsistible  autliurity  of  justit'o  in  coiinti'ios  in  wliich 
the  sovc'ivio;nty  is  undivided,  is  derived  from  the  lact,  that 
the  tril)inials  of  those  countries  I'epresi'ut  the  entire  nation 
at  iss'ie  with  the  intUvidual  auainst  whotn  their  decree  is 
directed ;  and  tlie  idea  of  power  is  thus  introduced  to  cor- 
roborate the  idea  of  ri^lit.  But  it  is  not  always  so  in 
countries  in  which  the  sovereignty  is  divided ;  in  them,  the 
judicitd  power  is  more  frequently  oj)})osed  to  a  fraction  of 
the  nation,  than  to  an  isolated  individual,  and  its  moral 
authority  and  physical  strength  are  conse(|uently  dimin- 
ished. In  Federal  states,  the  power  of  the  judge  is  natu- 
rally decreased,  and  that  of  the  justiciable  parties  is  aug- 
mented. The  aim  of  the  legislator  in  confederate  states 
ought  therefore  to  be,  to  render  the  position  of  the  courts 
of  justice  analogous  to  that  which  they  occupy  in  coun- 
tries where  the  sovereignty  is  undivided ;  in  other  words, 
his  efforts  ought  constantly  to  tend  to  maintain  the  judi- 
cial power  of  the  confederation  as  the  representative  of  the 
nation,  and  the  justiciable  party  as  the  representative  of 
an  individual  interest. 

Every  government,  whatever  may  be  its  constitution, 
requires  the  means  of  constraining  its  subjects  to  discharge 
their  obligations,  and  of  protecting  its  privileges  from  their 
assaults.     As  far  as  the  direct  action  of  the  government  on 


1.88 


DEMOCRACY   IN   AMERICA. 


the  community  is  conceriiod,  the  Constitution  of  the  United 
States  contrived,  by  a  niaster-stroi^e  of  policy,  tluit  the 
Federal  courts,  acting  in  the  name  of  the  ^aws,  should  take 
cognizance  only  of  parties  in  an  individual  capacity.  For, 
as  it  had  been  declared  that  the  Union  consisted  of  one  and . 
the  same  people  within  the  limits  laid  down  by  the  Con- 
stitution, the  inference  was  that  the  government  created 
by  tins  constitution,  and  acting  within  these  limits,  was 
in  Nested  with  all  the  privileges  of  a  national  government, 
one  of  the  princi})al  of  which  is  the  right  of  transmitting 
its  injunctions  directly  to  the  private  citizen.  When,  for 
instance,  the  Union  votes  an  impost,  it  does  not  apply  to 
the  States  for  the  levying  of  it,  but  to  every  American  cit- 
izen, in  proportion  to  his  assessment.  The  Supreme  Court, 
which  is  empowered  to  enforce  the  execution  of  this  law 
of  the  Union,  exerts  its  influence  not  upon  a  refractory 
State,  but  upon  the  private  tax-payer ;  and,  like  the  judi- 
cial power  of  other  nations,  it  acts  only  upon  the  person  of 
an  individual.  It  is  to  be  observed  that  the  Union  chose 
its  own  antagonist ;  and  as  that  antagonist  is  feeble,  he  is 
naturally  worsted. 

But  the  dirticulty  increases  when  the  proceedings  are  not 
brought  forward  bi/,  but  against^  the  Union.  Tlie  Consti- 
tution recognizes  the  legislative  power  of  the  States ;  and 
a  law  enacted  by  that  power  may  violate  the  rights  of  the 
Union.  In  this  case,  a  collision  is  unavoidable  between 
that  body  and  the  State  which  has  passed  the  law :  and  it 
only  remains  to  select  the  least  dangerous  remedy.  The 
general  principles  which  I  have  before  established  show 
what  this  remedy  is.* 

It  may  be  conceived  that,  in  the  case  under  considera- 
tion, the  Union  might  have  sued  the  State  before  a  Federal 
court,  which  would  have  annulled  the  act ;  this  would  have 
been  the  most  natural  proceeding.     But  the  judicial  power 


*  See  Chapter  VI.,  on  Judieuil  Tower  in  America. 


THE   FEDKRAL    CONSTITUTION. 


189 


would  tlins  have  been  placed  in  direct  oi)position  to  the 
State,  and  it  was  desirable  to  avoid  -this  predicament  as 
much  as  possible.  The  Americans  hold  that  it  is  nearly 
impossible  that  a  new  law  should  not  injure  some  private 
interests  by  its  provisions.  These  private  interests  are  as- 
sumed by  the  American  legislators  as  the  means  of  assail- 
ing such  measures  as  may  be  prejudicial  to  the  Union,  and 
it  is  to  these  interests  that  the  protection  of  the  Supreme 
Court  is  extended. 

Su])pose  a  State  sells  a  portion  of  its  public  lands  to  a 
com})any,  and  that,  a  year  afterwards,  it  passes  a  law  by 
which  the  lands  are  otherwise  disposed  of,  and  that  clause 
of  the  Constitution  Avhich  ju'ohibits  laws  impairing  the 
obligation  of  contracts  is  thereby  violated.  When  the  pur- 
chaser under  the  second  act  aj)pears  to  take  possession,  the 
possessor  under  the  first  act  brings  his  action  before  the 
tribunals  of  the  Union,  and  causes  the  title  of  the  claimant 
to  be  pronounced  nvdl  and  void.*  Thus,  in  point  of  fact, 
the  judicial  ])Ower  of  the  Union  is  contesting  tlie  claims  of 
the  sovereignty  of  a  State  ;  but  it  acts  only  indirectly,  and 
vipon  an  application  of  detail.  It  attacks  the  law  in  its 
consequences,  not  in  its  principle,  and  rather  weakens  than 
destroys  it. 

The  last  c^asc  to  be  provided  for  was,  that  each  State 
formed  a  corporation  enjoying  a  separate  existence  and  dis- 
tinct civil  rights,  and  that  it  could  therefore  sue  or  be  sued 
before  a  tribunal.  Thus,  a  State  could  bring  an  action 
against  another  State.  In  this  instance,  the  Union  was 
not  called  uj)on  to  contest  a  State  law,  but  to  try  a  suit  in 
wliich  a  State  was  a  party.  This  suit  was  perfectly  sim- 
ilar to  any  other  cause,  except  that  the  quality  of  the  par- 
ties was  ditferent ;  and  here  the  danger  j)ointed  out  at  the 
beo-innino-  of  this  chai)ter  still  exists,  with  less  chance  of 
being  avoided.     It  is  inherent  in  the  very  essence  of  Fed- 

*  See  Kent's  Coniinentaries,  Vol.  I.  p.  .387. 


■JN 


IDO 


DKMOCRACY   IN   AMKIIICA. 


eral  constitutions,  that  tliey  slumld  create  parties  in  the 
bosom  of  the  nation,  Vv-hich  present  powerful  obstacles  to 
the  free  course  of  justice. 


HIGH    RANK   OF  THE    SUPREME  COURT   AMONGST  THE  GREAT 

POWERS    OF    STATE. 


No  Nation  ever  constituted  so  great  a  Judicial  Power  as  the  Americans.  — 
Extent  of  its  Prerogatives.  —  Its  Political  Influence.  —  Tiic  Tranquillity 
and  the  very  Existence  of  tlie  Union  depend  on  the  Discretion  of  the 
seven  Federal  Judges. 

When  we  have  examined  in  detail  the  oro-anization  of 
the  Supreme  Court,  and  the  entire  prerogatives  which  it 
exercises,  we  shall  readily  admit  that  a  more  imposing 
judicial  power  was  never  constituted  by  any  people.  The 
Supreme  Court  is  placed  higher  than  any  known  tribunal, 
both  by  the  nature  of  its  rights  and  the  class  of  justiciable 
parties  which  it  controls. 

In  all  the  civilized  countries  of  Europe,  the  government 
has  alwavs  shown  the  greatest  reluctance  to  allow  the  cases 
in  which  it  was  itself  interested  to  be  decided  by  the  ordi- 
nary course  of  justice.  This  repugnance  is  naturally 
greater  as  the  government  is  more  absolute ;  and,  on  the 
other  hand,  the  privileges  of  the  courts  of  justice  are  ex- 
tended with  the  increasing  liberties  of  the  people :  but  no 
European  nation  has  yet  held  that  all  judicial  controversies, 
without  regard  to  their  origin,  can  be  left  to  the  judo-es  of 
common  law. 

In  America,  this  theory  has  been  actually  put  in  prac- 
tice ;  and  the  Supreme  Court  of  the  United  States  is  the 
sole  tribunal  of  the  nation.  Its  power  extends  to  all  cases 
arising  under  laws  and  treaties  made  bv  the  national  au- 
thorities,  to  all  cases  of  admiralty  and  maritime  jurisdiction, 
and,  in  general,  to  all  points  which  affect  the  law  of  nations. 


i 

■M 


THE   FEDI-RAL   COXSTITUTION. 


191 


It  may  even  be  affirmed  that,  although  its  cdustitutlon  is 
essentially  judicial,  its  prerogatives  are  almost  entirely  })o- 
litical.  Its  sole  object  is  to  enforce  the  execution  of  the 
laws  of  the  Union ;  and  the  Union  only  regulates  the  rela- 
tions of  the  government  with  the  citizens,  and  of  the  na- 
tion with  foreign  powers :  the  relations  of  citizens  amongst 
themselves  are  almost  all  regulated  by  the  sovereignty  of 
the  States. 

A  second  and  still  greater  cause  of  the  preponderance 
of  this  court  may  be  adduced.  In  the  nations  of  Europe, 
the  courts  of  justice  are  only  called  upon  to  try  the  con- 
troversies of  private  individuals ;  but  the  Supreme  Court 
of  the  United  States  summons  sovereign  powers  to  its  bar. 
When  the  clerk  of  the  court  advances  on  the  ste})s  of  the 
tribunal,  and  simply  says,  "  The  State  of  New  York  versus 
The  State  of  Ohio,"  it  is  impossible  not  to  feel  that  the 
court  which  he  addresses  is  no  ordinary  body ;  and  when 
it  is  recollected  that  one  of  these  parties  represents  one 
million,  and  the  other  two  millions  of  men,  one  is  struck 
by  the  responsibility  of  the  seven  judges,  whose  decision  is 
about  to  satisfy  or  to  disappoint  so  large  a  number  of  their 
fellow-citizens. 

The  peace,  the  prosperity,  and  the  very  existence  of  the 
Union  are  vested  in  the  hands  of  the  seven  Federal  judges. 
Without  them,  the  Constitution  would  be  a  dead  letter : 
the  Executive  appeals  to  them  for  assistance  against  the 
encroachments  of  the  legislative  power ;  the  Legislature 
demands  their  protection  against  the  assaults  of  the  Exec- 
utive ;  they  defend  the  Union  fi-om  the  disobedience  of  the 
States,  the  States  from  the  exaggerated  claims  of  the  Union, 
the  public  interest  against  private  interests,  and  the  con- 
servative spirit  of  stability  against  the  fickleness  of  the  de- 
mocracy. Their  power  is  enormous,  but  it  is  the  power  of 
public  o})inion.  They  are  all-poweiful  as  long  as  the  people 
respect  the  law  ;  but  they  would  be  impotent  against  pop- 


4 


< 


.h 


192 


DEMOCRACY   IN   AMKl.'ICA. 


ular  noi^lcct  or  contempt  of  the  law.  Tlic  force  of  public 
opinion  is  the  most  intractable  of  agents,  because  its  exact 
limits  cannot  be  defined ;  and  it  is  not  less  danoerous  to 
exceed,  than  to  remain  below,  the  boundary  prescribed. 

The  Federal  judges  must  not  only  be  good  citizens,  and 
men  of  that  information  and  integrity  Avhieh  are  indispen- 
sable to  all  magistrates,  but  they  must  be  statesmen,  wise 
to  discern  the  signs  of  the  times,  not  afraid  to  brave  the 
obstacles  which  can  be  subdued,  nor  slow  to  turn  away 
from  the  current  when  it  threatens  to  sweep  them  off,  and 
the  su])remacy  of  the  Union  and  the  obedience  due  to  the 
laws  along  with  them. 

The  President,  who  exercises  a  limited  power,  may  err 
without  causing  m'eat  mischief  in  the  state.  Cono;ress 
may  decide  amiss  without  destroying  the  Union,  because 
the  electoral  botly  in  which  the  Congress  originates  may 
cause  it  to  retract  its  decision  by  clianging  its  members. 
But  if  the  Supreme  Court  is  ever  com})osed  of  imprudent 
or  bad  men,  the  Union  may  be  plunged  into  anarchy  or 
civil  war. 

The  original  cause  of  this  danger,  however,  does  not  lie 
in  the  constitution  of  the  tribunal,  but  in  the  very  nature 
of  federal  governments.  We  have  seen  that,  in  confed- 
erate states,  it  is  especially  necessary  to  strengthen  the  judi- 
cial power,  because  in  no  other  nations  do  those  indepen- 
dent persons  who  are  able  to  contend  with  the  social  body 
exist  in  greater  power,  or  \a  a  better  condition  to  resist  the 
physical  strength  of  the  government.  But  the  more  a 
power  requires  to  be  strengthened,  the  more  extensive  and 
independent  it  must  be  made ;  and  the  dangers  which  its 
abuse  may  create  are  heightened  by  its  independence  and 
its  strength.  The  source  of  the  evil  is  not,  therefore,  in 
the  constitution  of  the  power,  but  in  the  constitution  of 
the  state  Avhich  renders  the  existence  of  such  a  power 
necessary. 


i 


fi 


THE   FEDERAL   CONSTITUTION. 


loa 


IN   WHAT    RESPECTS    THE    FEDERAL   CONSTITUTION    13    SUPE- 
IlIOR    TO    THAT    OE    THE    STATES. 


11- 


How  the  Constitution  of  the  Union  can  be  compari'd  with  that  of  the  States. 
—  Superiority  of  tiie  Constitution  of  tl>e  Union  attrihutalile  to  tlie  Wis- 
dom  of  the  Federal  LegisUitors.  —  Legislature  of  tiie  Union  less  depen- 
dent on  the  IV'ople  than  that  of  the  States.  —  Executive  Power  more 
independent  in  its  Spliere. — Juilicial  Power  less  suIijccU'd  to  the  Will 
of  the  Majority. — Practieal  Consequence  of  these  Facts.  —  The  Dan- 
gers inherent  in  a  Democratic  Government  diminished  hy  the  Federal 
Legislators,  lUid  increased  by  the  Legislators  of  tiie  States. 

The  Federal  Constitution  diflers  essentially  from  that  of 
the  States  in  the  ends  whieh  it  is  intended  to  acconij)lish  ; 
but  in  the  means  by  whieh  these  ends  are  attained,  a 
greater  analogy  exists  between  them.  The  objects  of  the 
governments  are  different,  but  their  forms  are  the  same  ; 
and  in  this  special  point  of  view,  there  is  some  advantage 
in  com})aring  them  with  each  other. 

I  am  of  opinion,  for  several  reasons,  that  the  Federal 
Constitution  is  superior  to  any  of  the  State  constitutions. 

The  present  Constitution  of  the  Union  was  formed  at  a 
later  period  than  those  of  the  majority  of  the  States,  and  it 
may  have  profited  by  this  additional  experience.  But  we 
shall  1)0  convinced  that  this  is  only  a  secondary  cause  of  its 
superiority,  when  we  recollect  that  eleven  [twenty-one] 
new  States  have  since  been  added  to  the  Union,  and  that 
these  new  re})ublics  have  almost  always  rather  exaggerated 
than  remedied  the  defects  which  existed  in  the  former  con- 
stitutions. 

The  chief  cause  of  the  superiority  of  the  Federal  Con- 
stitution lav  in  the  character  of  the  lemslators  who  com- 
posed  it.  At  the  time  when  it  was  formed,  the  ruin  of  the 
Confederation  seemed  imminent,  and  its  danger  was  univer- 
sally known.  In  this  extremity,  the  people  chose  the  men 
who  most  deserved  the  esteem,  rather  than  those  who  had 

9  M 


m 


1 


I 


it 


tl 


'  ;  !i 


194 


DEMOCRACY    IX   AMKIIICA. 


ountiy.     I  liavo  already  ob- 
most 


all  tlio  k'ii'islators  of  the 


gained  the  affections,  of  tlie 
served,  that,  distinguished  as  al 
Union  were  for  their  intelligence,  they  were  still  more  so 
for  their  patriotism.  They  had  all  been  nurtured  at  a  time 
when  the  spirit  of  liberty  was  braced  by  a  contiiuial  strug- 
gle against  a  powerful  and  dominant  authority.  \\'hen  the 
contest  was  terminated,  whilst  the  excited  passions  of  the 
po])nlace  persisted,  as  usual,  in  warring  against  dangers 
which  had  ceased  to  exist,  these  men  stopped  short ;  they 
cast  a  calmer  and  more  penetrating  look  upon  their  coun- 
try ;  they  perceived  that  a  definitive  revolution  had  been 
accomplished,  and  that  the  only  dangers  which  America 
had  now  to  fear  were  those  which  miolit  result  from  the 
abuse  of  freedom.  They  had  the  courage  to  say  what  they 
believed  to  be  true,  because  they  were  animated  by  a  warm 
and  sincere  love  of  liberty ;  and  they  ventured  to  ])ropose 
restrictions,  because  they  were  resolutely  opposed  to  de- 
struction.* 

Most  of  the  State  constitutions  assign  one  year  for  the 
duration  of  the  House  of  Representatives,  and  two  years 
for  that  of  the  Senate  ;  so  that  members  of  the  lemslative 
body  are  constantly  and  narrowly  tied  down  by  the  slight- 

*  At  this  time,  Alexander  Hamilton,  who  was  one  of  the  principal  found- 
ers of  the  Constitution,  ventured  to  express  the  following  sentiments  in  the 
Federalist,  No.  71  :  — 

"  There  are  some  who  would  be  inclined  to  regard  the  servile  pliancy  of 
the  Executive  to  a  prevailing  current,  either  in  the  community  or  in  the 
legislature,  as  its  best  recommendation.  But  such  men  entertain  very  crude 
notions,  as  well  of  the  purposes  for  which  government  was  instituted,  as  of 
tlie  true  means  by  which  the  public  happiness  may  be  promoted.  The  re- 
publican principle  demands,  that  the  deliberative  sense  of  the  community 
should  govern  the  conduct  of  those  to  ^vhom  they  intrust  the  management 
of  their  affairs ;  but  it  does  not  rcipiire  an  unqualified  complaisance  to  every 
sudden  breeze  of  passion,  or  to  every  transient  impulse  which  the  people 
may  receive  from  the  arts  of  men  Avho  flatter  their  prejudices  lo  betray  their 
interests.  It  Is  a  just  observation,  that  the  people  commonly  intend  tlt<  public 
good.     This  often  applies  to  thcii-  very  errors.     But  their  good  sense  would 


THK    FKDKRAL   CONSTITUTION. 


195 


bv  of 

the 

I'rudc 

IS  of 

he  re- 

[iiiity 

lent 

ivcry 

pnjile 

their 

luhlic 

3uld 


est  (losiros  of  their  ooiistituonts.  The  legislators  of  tlio 
Union  wore  of  opinion  that  this  excessive  dejx'ndence  of 
the  legislatnre  altered  the  natnre  of  the  main  eonsefpienecs 
of  the  representative  system,  since  it  vested  not  oidy  the 
source  of  authority,  hut  the  o;overnment,  in  the  j)eople. 
Thev  increased  the  lenjxth  of  the  term,  in  order  to  »'ive  the 
re])resentatives  freer  scope  for  the  exercise  of  their  own 
judii'ment. 

I'he  Federal  Constitution,  as  well  as  the  State  constitu- 
tions, divided  the  legislative  body  into  two  branches.  IJut 
in  the  States,  these  two  hrnnches  avimv  composed  of  the 
same  elements,  and  elected  in  the  same  maimer.  The 
consequence  was,  that  the  ])assions  and  inclinations  of  the 
populace  were  as  rapidly  and  easily  represented  in  one 
chamber  as  in  the  other,  and  that  laws  were  made  with 
violence  and  precipitation.  By  the  Federal  Constituticm, 
the  two  houses  orimnate  in  like  manner  in  the  choice  of 
the  people  ;  but  the  conditions  of  elirribility  and  the  mode 
of  election  were  changed,  in  order  that,  if,  as  is  the  case  in 
certain  nations,  one  branch  of  the  legislature  should  not 
represent  the  same  interests  as  the  other,  it  might  at  least 
represent  more  wisdom.     A  mature  age  was  necessary  to 

despise  the  adulator  who  should  pretend  that  they  always  irasnn  riijht  about 
the  means  of  promotin<j  it.  They  know  from  experience  that  they  some- 
times err ;  and  the  wonder  is,  that  they  so  seldom  err  as  they  do,  beset,  as 
they  continually  are,  by  the  wiles  of  parasites  and  sycophnnts  ;  by  the  snares 
of  the  ambitious,  the  avaricious,  the  desperate  ;  by  the  artifices  of  men  who 
possess  their  confidence  more  than  they  deserve  it,  and  of  tliose  who  seek  to 
possess  rather  than  to  deserve  it.  When  occasions  present  themselves  iu 
which  the  interests  of  the  people  arc  at  variance  with  tiieir  inclinations,  it  is 
the  duty  of  the  persons  whom  they  have  appointed  to  be  the  tjuardians  of 
those  interests  to  withstand  the  temporary  delusion,  in  order  to  pive  them 
time  and  opportunity  for  more  cool  and  sedate  reflection.  Instances  miuht 
be  cited,  in  which  a  conduct  of  this  kind  has  saved  tlie  ])eople  from  very 
fatal  consequences  of  their  own  mistakes,  and  has  procurcil  hustin;;  monu- 
ments of  their  jjratitudc  to  the  men  who  had  courajxe  and  ma^^ianimity 
enough  to  serve  them  at  the  peril  of  their  displeasure." 


It 


■  i' 


il 


i  II' 


li! 


19(3 


DEMOCRACV   IN   AMKHICA. 


i         ! 


become  a  Senator,  and  tlie  Senate  was  chosen  by  an  elect- 
ed assembly  of  a  limited  number  of  members. 

To  concentrate  the  whole  social  force  in  the  hands  of  the 
legislative  body  is  the  natural  tendency  of  democracies  ;  for 
as  tliis  is  the  })ower  which  emanates  the  most  directly  from 
the  j)eople,  it  has  the  greater  siiare  of  the  people's  over- 
whelming power,  and  it  is  naturally  led  to  monopoH/.e 
every  species  of  influence.  This  concentration  of  power 
is  at  once  very  })rejudicial  to  a  well-conducted  administra- 
tion, and  favorable  to  the  despotism  of  the  majoi'ity.  Tlie 
legislators  of  the  States  fre(]uently  yielded  to  these  demo- 
cratic propensities,  which  were  invariably  and  courageously 
resisted  by  the  founders  of  the  Union. 

In  the  States,  the  executive  power  is  vested  in  the  hands 
of  a  magistrate,  who  is  apparently  placed  upon  a  level  with 
the  legislature,  but  who  is  in  reality  only  the  blind  agent 
and  the  passive  instrument  of  its  will.  He  can  derive  no 
])ower  from  the  duration  of  his  office,  which  terminates 
in  one  year,  or  from  the  exercise  of  prerogatives,  for  he 
can  scarcely  be  said  to  have  any.  The  legislature  can 
condemn  him  to  inaction  by  intrusting  the  execution  of  its 
laws  to  special  committees  of  its  own  members,  and  can 
aniud  his  temporary  dignity  by  cutting  down  his  salary.* 
The  Federal  Constitution  vests  all  the  privileges  and  all  the 
responsibility  of  the  executive  power  in  a  single  individual. 
The  duration  of  the  Presidency  is  fixed  at  four  years  ;  the 
salarv  cannot  be  altered  durino-  this  term  ;  the  President  is 
protected  by  a  body  of  official  dependents,  and  armed  with 
a  suspensive  veto  :  in  short,  every  effort  was  made  to  con- 
fer a  strong  and  independent  position  upon  the  executive 
authority,  within  the  limits  which  were  prescribed  to  it. 

*  Not  always.  In  several  of  the  States,  tlie  compensation  of  the  Governor 
cannot  be  lessened  during  his  term  of  office.  So,  also,  the  Governor's  term 
is  not  always  for  a  single  year.  In  many  of  the  States  it  is  two,  in  some 
it  is  three,  years.  —  Am.  Ed. 


fii  I 


THE   FEDERAL   CONSTITUTION. 


191 


In  tlio  State  constitutions,  tlio  judicial  power  is  that 
whicli  is  tlie  most  independent  of  the  leoislative  autliorlty  ; 
nevertheless,  in  all  the  States,  the  legislature  has  reserved 
to  itself  the  right  of  rei;-ulating  the  emoluments  of  the 
jud'Tcs,  a  practice  which  necessarily  suhjects  them  to  its 
immediate  influence.  In  some  States,  the  judges  are  ap- 
])ointed  only  temjiorarily,  which  deprives  them  of  a  great 
portion  of  their  })Ower  and  their  freedom.  In  others,  the 
legishitive  and  ju<licial  powers  arc  entirely  confounded. 
The  Senate  of  New  York,  for  instance,  constitutes  in  cer- 
tain cases  the  superior  court  of  the  State.  The  FecK'ral 
Constitution,  on  the  other  hand,  carefully  separates  the 
judicial  power  from  all  the  others  ;  and  it  ])rovides  for  the 
independence  of  the  judges,  by  declaring  that  their  salary 
shall  not  be  diminished,  and  that  their  functions  shall  be 
inalienable. 

The  practical  consequences  of  these  different  systems 
may  easily  be  perceived.  An  attentive  observer  will  soon 
remark  that  the  business  of  the  Union  is  incomjtarably  bet- 
ter conducted  than  that  of  any  individual  State.  The 
conduct  of  the  Federal  government  is  more  fair  and  tem- 
perate than  that  of  the  States ;  it  has  more  prudence  and 
discretion,  its  projects  are  more  durable  and  more  skilfully 
combined,  its  measures  are  executed  with  more  vioor  and 
consistency. 

I  recapitulate  the  substance  of  this  chapter  in  a  few 
words. 

The  existence  of  democracies  is  threatened  by  tw^o  prin- 
cipal dangers,  viz.  the  complete  subjection  of  the  legisla- 
ture to  the  will  of  the  electoral  body,  and  the  concentration 
of  all  the  other  powers  of  the  government  in  the  legislative 
branch. 

The  development  of  these  evils  has  been  favored  by  the 
leo;islators  of  the  States  ;  but  the  legislators  of  the  Union 
have  done  all  they  could  to  render  them  less  formidable. 


198 


DKMOCRACY  IN  AMKRICA. 


oharactkuistics  of  the  fiidkhai,  constitution  of  thk 
unitj:i)   statks   of  amkkiua  as   comi'aukd  with    all 

OTIIKR    FKDKUAL   CONriTlTLTIOXS. 

The  American  Union  api)ears  to  resemble  uU  otiier  Confederations.  —  Yet 
its  Ktleets  are  dillerent.  —  Heuson  of  tiiis.  —  In  what  this  Union  (litlers 
from  all  other  ContiMlerations.  —  Tiie  American  Govenuncnt  not  a  i'eil- 
cnil,  i)Ut  an  iinjierfeet  National  Government. 

The  United  States  of  Anu'ricu  do  not  aft'ord  the  first  or 
tlie  oiilv  instance  of  a  confederation,  several  of  wliich  liave 
existed  in  modern  Europe,  without  advertino'  to  tlioso  of 
anti(juity.  Switzerland,  the  Germanic  Em]»ire,  ami  tlie 
Republic  of  the  J^ow  Countries,  eitlier  have  been,  or  still 
are,  confederations.  In  studying  the  constitutions  of  these 
difleivnt  countries,  one  is  surprised  to  sec  that  the  powers 
with  which  they  invested  the  federal  govermnent  are 
nearly  the  same  with  those  awarded  by  the  American  Con- 
stitution to  the  government  of  the  United  States.  They 
conter  upon  the  central  power  the  same  rights  of  making 
j)eace  and  war,  of  raising  money  and  troops,  and  of  pro- 
vi(Uni>-  for  the  general  exioencies  and  the  common  inteiests 
of  the  nation.  Nevertheless,  the  federal  government  of 
these  different  states  has  always  been  as  remarkable  for  its 
weakness  and  inefHciencv  as  that  of  the  American  Union 
is  for  its  vigor  and  capacity.  Again,  the  first  American 
Confederation  perished  through  the  excessive  weakness  of 
its  government ;  and  yet  this  weak  government  had  as 
large  rights  and  privileges  as  those  of  the  Federal  govern- 
ment of  the  present  day,  and  in  some  respects  even  larger. 
But  the  present  Constitution  of  the  United  States  contains 
certain  novel  })rinciples,  which  exercise  a  most  important 
influence,  although  they  do  not  at  once  strike  the  observer. 

This  Constitution,  which  may  at  first  sight  be  con- 
founded with  the  federal  constitutions  which  have  preceded 
it,  rests  in  truth  upon  a  wholly  novel  theory,  which  may 


THE   FKDKKAL   CUNSTITLTIUX. 


in> 


be  consldorc'd  as  a  ^rrat  discovery  in  inodoni  political  sii- 
ence.  In  all  tlic  contcdcnitions  which  preceded  the  iVnier- 
ican  Constitution  of  1T!S!>,  tiie  alhed  states  tor  a  connnoii 
object  a;j;reed  to  obey  tiie  injunctions  of  a  I'cdci'a!  govern- 
ment;  but  they  reserved  t(j  themselves  tlie  ri^ht  of  oi'dain- 
inji  and  enforcin<i  the  execution  of  the  laws  of  the  union. 
The  American  States  which  combined  in  ITS'.)  auri'ed,  that 
the  Federal  <Tovernment  should  not  only  dictate  the  laws, 
but  should  execute  its  own  enactnu-nts.  In  both  cases, 
the  rii;ht  is  the  same,  but  the  exercise  of  the  rii;ht  is  dit- 
ferent ;  and  this  ditference  produced  tlu'  most  momentous 
conse(picnces. 

In  all  the  confederations  which  preceded  the  American 
Union,  the  federal  government,  in  order  to  })rovide  for 
its  wants,  had  to  a])))ly  to  the  separate  governnients  ;  and 
if  what  it  })rescril)ed  was  disagreeable  to  any  one  of  them, 
means  were  found  to  evade  its  claims.  If  it  was  power- 
ful, it  then  had  recourse  to  arms ;  if  it  was  weak,  it  con- 
nived at  the  resistance  which  the  law  of  the  iniion,  its 
sovereign,  met  with,  and  did  nothing,  under  the  plea  of 
inability.  Under  these  circumstances,  one  of  two  results 
invariably  followed :  either  the  strongest  of  the  allied  states 
assumed  the  privileges  of  the  federal  authority,  and  ruled 
all  the  others  in  its  name ;  *  or  the  federal  government 
was  abandoned  by  its  natural  sui)porters,  anarchy  arose 
between  the  confederates,  and  the  union  lost  all  power  of 
action. f 

In  America,  the  subjects  of  the  Union  are  not  States, 

*  This  was  the  rase  in  Greece,  when  Piiilip  undertook  to  oxeeutc  the  de- 
crees of  the  Aniphictyons ;  in  the  Low  Countries,  wlicre  the  province  of 
Holland  always  ftave  the  law ;  and,  in  our  own  time,  in  the  Germanic  Con- 
federation, in  which  Austria  and  Prussia  make  themselves  the  agents  of  tlie 
Diet,  and  rule  the  wiiole  confederation  in  its  name. 

t  Such  lias  always  been  tlie  situation  of  the  Swiss  Confederation,  which 
would  have  perished  ages  ago  but  for  the  mutual  jealousies  of  its  neigh- 
bors. 


200 


DKMOCRACY   IN'    AMI'.HICA. 


1      ,1 


!l  ! 


Iml  piMNiitc  citi/ciis :  tlic  national  ^ovcrnnu'nt  lovics  a  tax, 
rtot  u|M)n  till'  State  til'  Massacluisi'tts,  l»ut  npoii  cadi  inlial)- 
itant  (il  Mas>aclnisi'tts.  The  oM  coMfldiTatc  ;j;()\(.'riniu'nts 
jtri'sidcil  over  coinnuinitii's,  but  that  ot'  the  Union  pri'sidcs 
over  in(li\  idiials.  Its  forco  is  not  horrowi'd,  hut  srlt-dc- 
rivi'd  ;  and  it  is  served  hy  its  own  civil  and  military  otHciTs, 
its  own  arniv,  and  its  own  courts  of"  iustice.  It  cainiot  he 
douhted  that  the  national  spirit,  the  passions  of  the  niulti- 
tuile,  and  the  provincial  prejudices  of  each  Stati',  still  ti'ud 
sin^iularly  to  diminish  tlu'  extent  of  the  Federal  authority 
thus  constituted,  and  to  facilitate  resistance  to  its  nian(hiti's; 
but  the  comparati\e  weakness  of  a  restricted  sovereiiiiity  is 
an  evil  inhei'ent  in  the  Federal  system.  In  AnuM'ica,  each 
State  has  fewer  opportunities  and  tem[»tations  to  resist: 
nor  can  such  a  (lesi;j;n  be  put  in  execution,  (if  indeed  it  be 
entertained,)  without  an  open  violation  of  the  laws  of  the 
Union,  a  direct  inti'rrui)tion  of  the  ordinary  course  of  jus- 
tice, and  a  bold  declaration  of  revolt ;  in  a  word,  witlu)ut 
taking  the  decisive  step  wliieli  men  always  hesitate  to 
adopt. 

In  all  former  confederations,  the  privileges  of  the  Union 
furnished  more  elements  of  discord  than  of  power,  since 
they  multiplied  the  claims  of  the  nation  without  augment- 
ing tlie  means  of  enforcino;  them :  and  hence  the  real  we.ik 
ness  of  federal  governments  has  almost  always  been  in  the 
exact  ratio  of  their  nominal  power.  Such  is  not  the  case 
in  the  American  Union,  in  which,  as  in  ordinary  govern- 
ments, the  Federal  power  has  the  means  of  enforcing  all 
it  is  empowered  to  demand. 

The  human  understanding  more  easily  invents  new 
things  than  new  words,  and  we  are  hence  constrained  to 
employ  many  improper  and  inadequate  expressions.  When 
several  nations  form  a  permanent  league,  and  establish  a 
supreme  authority,  which,  although  it  cannot  act  upon  pri- 
vate individuals,  like  a  national  government,  still  acts  upon 


-r   ') 


TIIF,    FF'.DKKAI-    fOXSTITrTIOX. 


201 


lew 
to 
Ihen 


eacli  of  tlie  coiiKMK'nitc  states  in  a  Ixxly,  this  ;;<)vt'rnin(>Mt, 
which  is  so  i'>-<tiifialiy  ditlrfi'iit  from  all  othrrs,  is  called 
Federal.  Another  foi'ni  of  society  is  afterwards  discoxci'ed, 
in  whicii  several  states  are  fnsed  into  one  with  regard  to 
certain  connnoii  interests,  althon;j;h  they  remain  di>tinct,  or 
only  confederate,  with  I'e^ard  to  all  other  concerns.  In 
this  case,  the  central  power  acts  directly  ujioii  the  <j;ov- 
erned,  whom  it  rules  and  judges  in  the  same  uunnu'r  as  a 
national  crovennnent,  but  in  a  more*  limite(l  '-ircle.  ICvi- 
dently  this  is  no  longer  a  tederal  e;()vt'rnmi'nt,  hut  an 
incomj)lete  national  govermnent,  which  is  m-ither  exactly 
national  nor  exactly  fe<leral ;  but  the  new  woi'd  which 
ouiiht  to  exiiress  this  novel  thinn;  does   not   vet  exist. 

Ignorance  of  this  new  species  of  confederation  has  been 
the  cause  which  has  brought  all  nnions  to  civil  wai",  to  ser- 
vitude, or  to  inertness  ;  and  the  states  which  formed  these 
leagues  have  been  either  too  dull  to  discern,  or  too  })usil- 
lanimous  to  apply,  this  givat  remedy.  The  first  American 
confederation  ])erished  by  the  same  defects. 

But  in  America,  the  confederate  States  had  been  long 
accustomed  to  form  a  portion  of  one  empire  before  they 
had  won  their  independence ;  they  hiul  not  contracted  the 
habit  of  governing  themselves  comj)letely ;  and  their  na- 
tional prejudices  had  not  taken  deep  root  in  their  minds. 
Superior  to  the  rest  of  the  world  in  political  knowledge, 
and  sharing  tliat  knowledge  e(pially  amongst  themselves, 
they  were  little  agitated  by  the  passions  which  generally 
o|>pose  the  extension  of  federal  authority  in  a  nation,  and 
those  passions  were  checked  by  the  wisdom  of  their  great- 
est men.  The  Americans  applied  the  remedy  with  firm- 
ness, as  soon  as  they  were  conscious  of  the  evil ;  they 
amended  their  laws,  and  saved  tiie  country. 


9* 


f  I 


f  h 


'I 


■    li 


I    I 


ill; 


•        'if 


202 


DEMOCRACY  IN  AMERICA. 


ADVANTAGES    OF    THE     FEDERAL    SYSTEM    IN    GENERAL,    AND 
ITS    SPECIAL    UTILITY    IN    AMERICA. 

Happiness  and  Freedom  of  small  Nations.  —  Power  of  great  Nations.  — 
Great  Empires  favorable  to  tlio  Growl'  of  Civilization.  —  Strength  of- 
ten tlic  first  Element  of  National  Prosperity.  —  Aim  of  the  Federal  Sys- 
tem to  nnite  the  twofold  Advantages  resulting  from  a  small  and  from  a 
large  Territory.  —  Advantages  derived  by  the  United  States  from  this 
System.  Tiic  Law  adajjts  itself  to  the  Exigeneies  of  the  Population ; 
Population  does  not  conform  to  the  Exigencies  of  the  Law.  —  Activity, 
Progress,  the  Love  and  Enjoyment  of  Freedom,  in  American  Commu- 
nities —  Public  Spirit  of  the  Union  is  only  the  Aggregate  of  Provincial 
Patriotism.  —  Principles  and  Things  circulate  freely  over  the  Territory 
of  the  United  States.  —  The  Union  is  happy  and  free  as  a  little  Nation, 
and  respected  as  a  grcac  one. 

In  small  states,  the  watclifulness  of  society  penetrates 
into  every  part,  and  the  spirit  of  improvement  enters  into 
the  smallest  details ;  the  ambition  of  the  people  being 
necessarily  checked  by  its  weakness,  all  the  efforts  and 
resources  of  the  citizens  are  turned  to  the  internal  well- 
being  of  the  community,  and  are  not  likely  to  evaporate  in 
the  fleeting  breath  of  glory.  The  powers  of  every  individ- 
ual being  generally  limited,  his  desires  are  proportionally 
small.  jMediocrity  of  fortune  makes  the  various  conditions 
of  life  nearly  equal,  and  the  manners  of  the  inhabitants  are 
orderly  and  simple.  Thus,  all  things  considered,  and  al- 
lowance being  made  for  the  various  degrees  of  morality 
and  enlightenment,  we  shall  generally  find  in  small  na- 
tions more  persons  in  easy  circumstances,  more  content- 
ment and  tranquillity,  than  in  large  ones. 

When  tyranny  is  established  in  the  bosom  of  a  small 
state,  it  is  more  galling  than  elsewhere,  because,  acting  in 
a  narrower  circle,  everything  in  that  circle  is  affected  by 
it.  It  supplies  the  place  of  those  great  designs  which  it 
cannot  ent'jrtain,  by  a  violent  or  exasperating  interference 
in  a  multitude  of  minute  details  ;  and  it  leaves  the  political 


:li. 


THE   FEDERAL   CONSTITUTION. 


203 


world,  to  wliicli  it  properly  belongs,  to  meddle  with  the 
arrangements  of  private  lite.  Tastes  as  well  as  actions  are 
to  be  reo-ulated  :  and  the  families  of  the  citizens,  as  well  as 
the  state,  are  to  be  governed.  This  invasion  of  rights 
occurs,  however,  but  seldom,  freedom  being  in  truth  the 
natural  state  of  small  communities.  The  temptations 
which  the  government  offers  to  ambition  are  too  weak, 
and  the  resources  of  private  individuals  are  too  slender, 
for  the  sovereign  power  easily  to  fidl  into  the  grasp  of  a 
single  man ;  and  should  such  an  event  occur,  the  subjects 
of  the  state  can  easily  unite  and  overthrow  the  tyrant  and 
the  tyranny  at  once  by  a  common  effort. 

Small  nations  ha\e  therefore  ever  been  the  cradle  of 
political  liberty  ;  and  the  fact  that  many  of  them  have  lost 
their  liberty  by  becoming  larger,  shows  that  their  freedom 
was  more  a  consequence  of  their  small  size  than  of  the 
character  of  the  people. 

Tlie  history  of  the  world  affords  no  instance  of  a  great 
nation  retaining  the  form  of  republican  government  for  a 
long  series  of  years ;  *  and  this  has  led  to  the  conclusion 
that  such  a  thing  is  impracticable.  For  my  own  part,  I 
think  it  imprudent  to  attempt  to  limit  wdiat  is  possible,  and 
to  judge  the  future,  for  men  who  are  every  day  deceived  in 
relation  to  the  actual  and  the  present,  and  often  taken  by 
surprise  in  the  circumstances  with  which  they  are  most 
familiar.  But  it  may  be  said  with  confidence,  that  a  great 
republic  will  always  be  exposed  to  more  perils  than  a  small 
one. 

All  the  passions  which  are  most  fatal  to  republican  insti- 
tutions increase  with  an  increasing  territoiy,  whilst  the 
virtues  which  favor  them  do  not  augment  in  the  same 
proportion.  The  ambition  of  private  citizens  increases 
with  the  power  of  the  state  ;  the  strength  of  parties,  with 

*  I  do  not  speak  of  a  confederation  of  small  republics,  but  of  a  f^reut  con- 
solidated republic. 


'      i 


i  ' '■     i 


204 


DEMOCRACY  IN   AMERICA. 


the  importance  of  the  ends  they  have  in  A'iew  ;  but  the 
love  of  country,  which  ouo'ht  to  check  tlicse  destructive 
agencies,  is  not  stronger  in  a  harge  tlian  in  a  small  repidjlic. 
It  might,  indeed,  he  easily  proved  that  it  is  less  powerfid 
and  less  developed.  Great  wealth  and  extreme  poverty, 
capital  cities  of  la.'ge  size,  a  lax  morality,  selfishness,  and 
antagonism  of  interests,  are  the  dano;ers  which  almost  in- 
variably  arise  from  the  magnitude  of  states.  Several  of 
these  evils  scarcely  injure  a  mo.iarchy,  and  some  of  them 
even  contribute  to  its  streniith  and  duration.  In  monarch- 
ical  states,  the  government  has  its  peculiar  strength  ;  it 
may  use,  but  it  does  not  depend  on,  the  comnnniity ;  and 
the  more  numerous  the  people,  the  stronger  is  the  j)rince. 
But  the  oidy  security  which  a  republican  government  pos- 
sesses against  these  evils  lies  in  the  support  of  the  majority. 
This  support  is  not,  however,  proportionably  greater  in  a 
large  republic  than  in  a  small  one ;  and  thus,  whilst  the 
means  of  attack  perpetually  increase,  both  in  number  and 
influence,  the  power  of  resistance  remains  the  same  ;  or  it 
may  rather  be  said  to  diminish,  since  the  inclinations  and 
interests  of  the  people  are  more  diversified  by  the  increase 
of  the  population,  and  the  difficulty  of  forming  a  compact 
majority  is  constantly  augmented.  It  has  been  observed, 
moreover,  that  the  intensity  of  human  passions  is  height- 
ened not  only  by  the  importance  of  the  end  which  they 
propose  to  attain,  but  by  the  multitude  of  individuals  who 
are  animated  by  them  at  the  same  time.  Every  one  has 
had  occasion  to  remark,  that  his  emotions  in  the  midst  of 
a  sympathizing  crowd  are  far  greater  than  those  which  he 
would  have  felt  in  solitude.  In  great  republics,  political 
passions  become  irresistible,  not  only  because  they  aim  at 
gigantic  objects,  but  because  they  are  felt  and  shared  by 
millions  of  men  at  the  same  time. 

It  may,  therefore,  be  asserted  as  a  general  proposition, 
that  nothing  is  more  opposed  to  the  well-being  and   the 


Tin:    rKDERAL    COXSTITUTION. 


205 


freedom  of  men  tli;in  vast  empires.  Xevcrtlieless,  it  is 
important  to  acknowledge  the  pecidiar  advantages  of  great 
states.  For  tlie  very  reason  tliat  the  desire  of  power  is 
more  intense  in  these  connnunities  tlian  amongst  onhnary 
men,  tlie  love  of  glory  is  also  more  developed  in  the  hearts 
of  certain  citizens,  who  regard  the  applause  of  a  gi'eat  peo- 
ple as  a  reward  worthy  of  their  exertions,  and  an  elevating 
encourajxement  to  man.  If  \ve  Avonld  learn  whv  ^I'eat  na- 
tions  contrihute  more  powerfully  to  the  increase  of  knowl- 
edge and  the  advance  of  civilization  than  small  states,  we 
shall  discover  an  adequate  cause  in  the  more  rapid  and 
eneroetic  circulation  of  ideas,  and  in  those  o;reat  cities 
which  are  the  intellectual  centres  where  all  the  rays  of 
human  genius  are  reflected  and  combined.  To  this  it  may 
be  added,  that  most  im})ortant  discoveries  demand  a  use  of 
national  })ower  which  the  government  of  a  small  state  is 
unable  to  make :  in  great  nations,  the  government  has 
more  enlarged  ideas,  and  is  more  completely  disengaged 
from  the  routine  of  precedent  and  the  selfishness  of  local 
feeling ;  its  designs  are  conceived  Avith  more  talent,  and 
executed  with  more  boldness. 

In  time  of  peace,  the  well-being  of  small  nations  is  un- 
doubtedly more  general  and  complete ;  but  they  are  apt  to 
suffer  more  acutely  from  the  calamities  of  Avar  than  those 
great  empires  wdiose  distant  frontiers  may  long  avert  the 
presence  of  the  danger  from  the  mass  of  the  pcoj)le,  wdio 
are  therefore  more  frequently  afHicted  than  ruined  by  the 
contest. 

But  in  this  matter,  as  in  many  others,  the  decisive  argu- 
ment is  the  necessity  of  the  case.  If  none  but  small  na- 
tions existed,  I  do  not  doubt  that  mankind  w-ould  be  more 
hap})y  and  more  free ;  but  the  existence  of  gre^it  nations  is 
unavoidable. 

Political  streno;th  thus  becomes  a  condition  of  national 
prosperity.     It  profits  a  state  but  little  to  be  affluent  and 


206 


DEMOCRACY   IN   AMERICA. 


M'   131 


Ml: 


free,  if  it  is  perpetuiilly  exposed  to  be  pillaged  or  subju- 
gated ;  its  manufactures  and  commerce  are  of  small  ad- 
vantage, if  another  nation  lias  the  emj)ire  of  the  seas  and 
gives  the  law  in  all  the  markets  of  the  globe.  Small  na- 
tions are  often  miserable,  not  because  they  are  small,  but 
because  they  ai'e  weak  ;  and  great  empires  prosper,  less 
because  they  are  great,  than  because  they  are  strong. 
Phvsical  strenn;th  is  therefore  one  of  the  first  conditions  of 
the  happiness,  and  even  of  the  existence,  of  nations.  Hence 
it  occurs,  that,  unless  very  peculiar  circumstances  intervene, 
small  nations  are  always  united  to  large  empires  in  the  end, 
either  by  force  or  by  their  own  consent.  I  know  not  a 
more  deplorable  condition  than  that  of  a  people  unable  to 
defend  itself  or  to  provide  for  its  own  wants. 

The  Federal  svstem  was  created  with  the  intention  of 
combinino;  the  different  advantages  which  result  from  the 
man;nitude  and  the  littleness  of  nations  ;  and  a  glance  at 
the  United  States  of  America  discovers  the  advantages 
wliich  they  have  derived  from  its  adoption. 

In  m'cat  centralized  nations,  the  leoislator  is  oblioed  to 
give  a  character  of  uniformity  to  the  laws,  Avhich  does  not 
always  suit  the  diversity  of  customs  and  of  districts ;  as  he 
takes  no  cognizance  of  special  cases,  he  can  only  proceed 
upon  general  principles  ;  and  the  population  are  obliged  to 
conform  to  the  exigencies  of  the  legislation,  since  the 
legislation  cannot  ada]  t  itself  to  the  exigencies  and  the 
customs  of  the  population  ;  which  is  a  great  cause  of 
trouble  and  misery.  This  disadvantage  does  not  exist  in 
confederations  ;  Congress  regulates  the  principal  measures 
of  the  national  government ;  and  all  the  details  of  the  ad- 
ministration are  reserved  to  the  provincial  legislatures. 
One  can  hardlv  imagine  how  much  this  division  of  sov- 
ereigntv  contributes  to  the  well-being  of  each  of  the  States 
which  compose  the  Union.  In  these  small  communities, 
which  are  never  agitated  by  the  desire  of  aggrandizement 


■l-'\ 


TIIK   FEDKRAL    CONSTITUTION. 


207 


or  the  c.ire  of  self-defence,  all  public  aiitliority  niul  j)rivate 
enero;y  are  turned  towards  internal  improvements.  The 
central  «>-overnment  of  each  State,  which  is  in  innnediate 
juxtaposition  to  the  citizens,  is  daily  apprised  of  the  wants 
which  arise  in  society ;  and  new  projects  are  proposed 
every  year,  which  are  discussed  at  town-meetings  or  by 
the  legislature,  and  which  are  transmitted  hy  the  press  to 
stimulate  the  zeal  and  to  excite  the  interest  of  the  citizens. 
This  spirit  of  improvement  is  constantly  alive  in  the  Amer- 
ican republics,  without  compromising  their  tranquillity ; 
the  ambition  of  power  yields  to  the  less  retined  and  less 
dangerous  desire  for  well-being.  It  is  generally  belicAed 
in  America,  that  the  existence  and  the  permanence  of  the 
republican  form  of  government  in  the  New  World  di'pend 
upon  the  existence  and  the  duration  of  the  Federal  system  ; 
and  it  is  not  unusual  to  attribute  a  laro;e  share  of  the  mis- 
fortunes  which  have  befillen  the  new  States  of  South 
America  to  the  injudicious  erection  of  great  republics, 
instead  of  a  divided  and  confederate  sovereignty. 

It  is  incontestably  true,  that  the  tastes  and  the  habits 
of  republican  government  in  the  United  States  were  first 
created  in  the  townships  and  the  provincial  assemblies. 
In  a  small  State,  like  that  of  Connecticut,  for  instance, 
where  cutting  a  canal  or  laving  down  a  road  is  a  (vreat 
political  question,  where  the  State  has  no  army  to  })ay  and 
no  w'ars  to  carry  on,  and  where  much  wealth  or  much 
honor  cannot  be  given  to  the  rulers,  no  form  of  govern- 
ment can  be  more  natural  or  more  a})})ropriate  than  a  re- 
public. But  it  is  this  same  republican  sjiirit,  it  is  these 
manners  and  customs  of  a  free  people,  which  have  been 
created  and  nurtured  in  the  different  States,  which  must 
be  afterwards  applied  to  the  country  at  large.  The  public 
spirit  of  the  Union  is,  so  to  speak,  nothing  more  than  an 
aggregate  or  summary  of  the  patriotic  zeal  of  the  se])arate 
provinces.     Every  citizen  of  the  United  States  transports, 


208 


DEMOCRACY  IN   AMERICA. 


i'^: 


SO  to  speak,  liis  attacliniont  to  his  little  republic  into  the 
common  store  of  ^Vmerlcun  patriotism.  In  defending  the 
Union,  he  defends  the  increasing  prosperity  of  his  own 
State  or  county,  the  right  of  conducting  its  affairs,  and  the 
hope  of  causing  measures  of  improvement  to  he  adopted  in 
it  which  may  be  favorable  to  his  own  interests  ;  and  these 
are  motives  which  are  wont  to  stir  men  more  than  the  gen- 
eral interests  of  the  coimtry  and  the  glory  of  the  nation. 

On  the  other  hand,  if  the  temper  and  the  manners  of 
the  inhabitants  especially  fitted  them  to  promote  the  wel- 
fare of  a  great  re})ublic,  the  federal  system  renders  their 
task  less  difficult.  The  confederation  of  all  the  American 
States  presents  none  of  the  ordinary  inconvenienees  re- 
sultini};  from  great  ago-lomerations  of  men.  The  Union  is 
a  great  republic  in  extent,  but  the  paucity  of  objects  for 
which  its  oovernment  acts  assimilates  it  to  a  small  State. 
Its  acts  are  important,  but  they  arc  rare.  As  the  sov- 
ereignty of  the  Union  is  limited  and  incomplete,  its  exer- 
cise is  not  dangerous  to  liberty ;  for  it  does  not  excite  those 
insatiable  desires  of  fame  and  power  which  have  proved  so 
fatal  to  great  republics.  As  there  is  no  common  centre  to 
the  country,  great  capital  cities,  colossal  wealth,  abject  pov- 
erty, and  sudden  revolutions  are  alike  unknown  ;  and  polit- 
ical passion,  instead  of  spreading  over  the  land  like  a  fire 
on  the  prairies,  spends  its  strength  against  the  interests  and 
the  individual  passions  of  every  State. 

Nevertheless,  tangible  objects  and  ideas  circulate  through- 
out the  Union  as  freely  as  in  a  country  inhabited  by  one 
people.  Nothing  checks  the  spirit  of  enterprise.  The 
government  invites  the  aid  of  all  who  have  talents  or 
knowdedo-e  to  serve  it.  Inside  of  the  frontiers  of  the 
Union,  profound  peace  prevails,  as  within  the  heart  of 
some  great  empire  ;  abroad,  it  ranks  with  the  most  power- 
ful nations  of  the  earth :  two  thousand  miles  of  coast  are 
open  to  the  connnerce  of  the  world ;  and  as  it  holds  the 


^■1 


THK   FEDERAL   CONSTITUTION. 


209 


keys  of  a  New  World,  its  fla<^  is  rospocted  in  the  most 
remote  seas.  The  Union  is  lui])})y  and  free  as  a  small  peo- 
ple, and  glorious  and  strong  as  a  great  nation. 


WHY  THE  FEDERAL  SYSTEM  13  NOT  PllACTICABLE  FOR  ALL 
NATIONS,  AND  HOW  THE  ANGLO- AMERICANS  WERE  EN- 
ABLED   TO    ADOPT    IT. 

Every  Federal  Sj'stcin  has  inherent  Faults  wliieh  baffle  the  EtVurts  of  tlie 
Legislator.  —  The  Federal  System  is  complex.  —  It  demands  a  daily 
Exercise  of  the  Intelli^^ence  of  the  Citizens.  —  I'racticul  Knowledge  of 
Government  common  amongst  the  Americans.  —  Hclative  Weakness  of 
the  Government  of  the  Union  another  Defect  iidierent  in  the  Federal 
System.  —  The  Americans  have  diminished  without  remedying  it.  —  Tlie 
Sovereignty  of  the  separate  States  apparently  weaker,  hut  really  strong- 
er, than  that  of  the  Union. —  Why.  —  Natural  Causes  of  Union  then 
must  exist  between  Confederate  Nations  beside  the  Laws.  —  What  these 
Causes  are  amongst  the  Anglo-Americans.  —  Maine  and  Georgia,  sepa- 
••ated  by  a  Distance  of  a  tliousand  Miles,  more  naturally  united  than  Nor- 
mandy and  Brittany.  —  W^ar  the  main  Peril  of  Confederations.  —  This 
proved  even  by  the  Example  of  the  United  States.  —  The  Union  has  no 
great  Wars  to  fear. — Why.  —  Dangers  which  Europeans  would  incur  if 
they  adopted  the  Federal  System  of  the  Americans. 

When  ^  lemslaior  succeeds,  after  manv  efforts,  in  exer- 
cising  an  indirect  influence  upon  the  destiny  of  nations,  his 
genius  is  lauded  by  mankind,  whilst,  in  point  of  fact,  the 
geographical  position  of  the  country  which  he  is  unable  to 
change,  a  social  condition  which  arose  without  his  co-oper- 
ation, manners  and  opinions  which  he  cannot  trace  to  tlieir 
source,  and  an  origin  with  which  he  is  unacquainted,  exer- 
cise so  irresistible  an  influence  over  the  courses  of  society, 
that  he  is  himself  borne  away  by  the  current  after  an  inef- 
fectual resistance.  Like  the  navigator,  he  may  direct  the 
vessel  which  bears  him,  but  he  can  neither  chaufje  its 
structure,  nor  raise  the  winds,  nor  lull  the  waters  which 
swell  beneath  him. 

I  have  shown  the  advantages  which  the  Americans  de- 

N 


210 


DEMOCRACY   IN   AMERICA. 


I    t 


:  !i 


rive  from  tlioir  Federal  system  ;  it  remains  for  mc  to  point 
out  tlie  circumstances  wliich  enabled  them  to  adopt  it,  as 
its  benefits  cannot  be  enjoyed  by  all  nations.  The  acci- 
dental defects  of  the  federal  system  which  originate  in  the 
laws  may  be  corrected  by  the  skill  of  the  legislator,  but 
there  are  evils  inherent  in  the  system  which  cannot  bo 
reiaedied  by  any  eilfbrt.  The  people  must  therefore  find  in 
themselves  the  strength  necessary  to  bear  the  natural  im- 
perfections of  their  government. 

The  most  prominent  evil  of  all  federal  systems  is  the 
complicated  nature  of  the  means  they  employ.  Two  sov- 
ereignties are  necessarily  in  presence  of  each  other.  The 
legislator  may  simplify  and  equalize,  as  far  as  possible,  the 
action  of  these  two  sovereignties,  by  limiting  each  of  them 
to  a  sphere  of  authority  accurately  defined ;  but  he  cannot 
combine  them  into  one,  or  prevent  them  from  coming  into 
collision  at  certain  points.  The  federal  system,  therefore, 
rests  upon  a  theory  which  is  complicated,  at  the  best,  and 
which  demands  the  daily  exercise  of  a  considerable  share 
of  discretion  on  the  part  of  those  it  governs. 

A  proposition  must  be  plain,  to  be  adopted  by  the  under- 
standing of  a  people.  A  false  notion  which  is  clear  and 
precise  will  always  have  more  power  in  the  world  than  a 
true  principle  which  is  obscure  or  involved.  Hence  it 
happens  that  parties,  which  are  like  small  communities  in 
the  heart  of  the  nation,  invariably  adopt  some  principle  or 
name  as  a  symbol,  which  very  inadequately  represents  the 
end  they  have  in  view  and  the  means  which  they  employ, 
but  without  which  they  could  neither  act  nor  subsist.  The 
governments  which  are  founded  upon  a  single  principle  or 
a  single  feeling,  which  is  easily  defined,  are  perhaps  not 
the  best,  but  they  are  unquestionably  the  strongest  and  the 
most  durable  in  the  world. 

In  examining  the  Constitution  of  the  United  States, 
which  is  the  most  perfect  federal  constitution  that  ever 


(Hi 

m 


THE   FEDKRAL   CONSTITUTION. 


211 


existed,  one  is  startled  at  the  variety  of  information  and 
the  amount  of  discernment  wliich  it  presupposes  in  the 
people  whom  it  is  meant  to  govern.  The  government  of 
the  Union  depends  almost  entirely  upon  legal  fictions  ;  the 
Union  is  an  ideal  nation,  which  exists,  so  to  speak,  only  in 
the  mind,  and  whose  limits  and  extent  can  only  be  dis- 
cerned by  the  understanding. 

After  the  general  theory  is  comprehended,  many  difHcul- 
tles  remain  to  be  solved  in  its  application  ;  for  the  sover- 
eignty of  the  Union  is  so  involved  in  that  of  the  States, 
that  it  is  impossible  to  distinguish  its  boundaries  at  the  first 
glance.  The  whole  structure  of  the  government  is  arti- 
ficial and  conventional ;  and  it  would  be  ill  adapted  to  a 
people  which  has  not  been  long  accustomed  to  conduct  its 
own  affairs,  or  to  one  in  which  the  science  of  politics  has 
not  descended  to  the  humblest  classes  of  society.  I  have 
never  been  more  struck  by  the  good  sense  and  the  practical 
judgment  of  the  Americans,  than  in  the  manner  in  which 
they  elude  the  numberless  difficulties  resulting  from  their 
Federal  Constitution.  I  scarcely  ever  met  with  a  i)lain 
American  citizen  who  could  not  distinguish  with  surprising 
facility  the  obligations  created  by  the  laws  of  Congress 
from  those  created  by  the  laws  of  his  ow^n  State,  and  who, 
after  having  discriminated  between  the  matters  wliich 
come  under  the  cognizance  of  the  Union  and  those  Avhich 
the  local  legislature  is  competent  to  regulate,  could  not 
point  out  the  exact  limit  of  the  separate  jurisdictions  of 
the  Federal  courts  and  the  tribunals  of  the  State. 

The  Constitution  of  the  United  States  resembles  those 
fine  creations  of  human  industry  which  insure  wealth  and 
renown  to  their  inventors,  but  wliich  are  profitless  in  other 
hands.  This  truth  is  exemplified  by  the  condition  of  Mex- 
ico at  the  present  time.  The  Mexicans  were  desirous  of 
establishing  a  federal  system,  and  they  took  the  Federal 
Constitution  of  their  neighbors,  the  Anglo-Americans,  as 


ff. 


212 


DKMO'KACY   IN   AMIJUCA. 


ihcir  iiKxK'l,  inid  copit d  it  almost  t'litiivly.*  But,  altliouo;!! 
tlicy  liad  l){)iTo\ve(l  the  letter  of  the  law,  they  could  not  in- 
troduce the  spirit  and  the  sense  which  ^ive  it  life.  They 
were  involved  in  ceaseless  eniharrassnients  by  the  mechan- 
ism of  their  douhle  ^(jvernment  ;  the  sovereignty  of  the 
States  and  that  of  the  Union  perpetually  exceeded  their 
resj)ective  })rivile«i;es,  and  came  into  collision  ;  and  to  the 
j)resent  day  jNIexico  is  alternately  the  victim  of  anarchy 
and  the  slave  of  military  desj)otisni. 

The  second  and  most  fatal  of  all  defects,  and  that  which 
I  believe  to  be  inherent  in  the  federal  system,  is  the  rel- 
ative weakness  of  the  government  of  the  luiion.  Tho 
princij)le  u[)on  which  all  confederations  rest  is  that  of  a 
divided  sovereignty.  Legislators  may  render  this  partition 
less  perceptible,  they  may  even  conceal  it  for  a  time  from 
the  i)ublic  eye,  but  they  cannot  prevent  it  from  existing  ; 
and  a  divided  must  always  be  weaker  than  an  entire  sov- 
ereignty. The  remarks  made  on  the  Constitution  of  the 
United  States  have  shown  with  what  skill  the  Americans, 
while  restraining  the  power  of  the  Union  within  the  nar- 
row limits  of  a  federal  government,  have  given  it  the  sem- 
blance, and  to  a  certain  extent  the  force,  of  a  national 
government.  By  this  means,  the  legislators  of  the  Union 
have  diminished  the  natural  danger  of  confederations,  but 
have  not  entin-ly  obviated  it. 

The  American  government,  it  is  said,  does  not  address 
itself  to  the  States,  but  transmits  its  injunctions  directly  to 
the  citizens,  and  compels  them  by  isolation  to  comply  w^ith 
its  demands.  But  if  the  Federal  law  were  to  clash  with 
the  interests  and  the  prejudices  of  a  State,  it  might  be 
feared  that  all  the  citizens  of  that  State  would  conceive 
themselves  to  be  interested  in  the  cause  of  a  single  indi- 
vidual  who  should  refuse  to  obey.  It  all  the  citizens  of 
the  State  were  aggrieved  at  the  same  time  and  in  the  same 

*  See  the  Mexican  Coastitution  of  1824. 


m1     ii 


S      1' 


TIIE   FKDKRAL   COXSTITirriOX. 


213 


manner  hy  tin*  aiitliority  of  tlie  Union,  tlic  Frdcral  i^ovcrn- 
inent  would  vainly  attempt  to  subdue  tliem  individually  ; 
tliev  would  instinctively  unite  in  a  coniuion  defence,  and 
would  find  un  organization  already  ])re|)ared  for  them  in 
the  sovereignty  which  their  State  is  allowed  to  enjoy.  Fic- 
tion would  give  way  to  reality,  and  an  or>iani/ed  portion  of 
the  nation  might  then  contest  the  central  authority. 

'J'he  same  observation  holds  <>()()d  with  i-ei-ard  to  the 
Federal  jurisdiction.  ]f  the  courts  of  the  Union  violated 
an  important  law  of  a  State  in  a  private  case,  the  real, 
though  not  the  apparent  contest,  would  be  between  the 
aggrieved  State  represented  by  a  citi/en,  and  the  Union 
re])resented  by  its  courts  of  justice.* 

Ho  would  have  but  a  partial  knowledge  of  the  world 
who  should  imagine  that  it  is  possible,  by  the  aid  of  legid 
fictions,  to  prevent  men  from  finding  (-ut  and  emj)loying 
those  means  of  gratifying  their  passions  which  have  been 
left  open  to  them.  The  American  legislators,  though  they 
have  rendered  a  collision  between  the  two  sovereignties 
less  probable,  have  not  destroyed  the  causes  of  such  a  mis- 
fortune. It  miy  even  be  affirmed,  that,  in  case  of  such  a 
collision,  they  have  not  been  able  to  insure  the  victory  of 
the  Federal  element  in  a  case  of  this  kind.  The  Union  is 
possessed  of  money  and  troops,  but  the  States  have  kept 


*  For  instance,  the  Union  possesses  by  the  Constitution  tlie  ri<;lit  of  sell- 
ing anoccnpied  lands  for  its  o\vn  profit.  Suppose  that  the  State  of  Ohio 
should  claim  the  same  right  in  behalf  of  certain  tracts  lying  within  its 
own  boundaries,  upon  the  plea  that  the  Constitution  refers  to  those  lands 
alone  which  do  not  belong  to  the  jurisdiction  of  any  particular  State,  and 
consequently  should  choose  to  dispose  of  them  itself.  The  litigation  would 
be  carried  on,  it  is  true,  in  the  names  of  the  purchasers  from  the  State  of 
Ohio  and  the  purchasers  from  the  Union,  and  not  in  the  names  of  Ohio 
and  the  Union.  But  what  would  become  of  this  legal  fiction,  if  the  Fed- 
end  purchaser  was  confirmed  in  his  right  by  the  courts  of  the  Union, 
whilst  the  other  competitor  was  ordered  to  retain  possession  by  the  tribunals 
of  the  State  of  Ohio  ? 


214 


DEMOCRACY   IN   AMERICA. 


I 


i    i 


the  affoctions  nnd  the  pivjutlices  of  the  people.  The  sov- 
efeio;iity  of  the  Union  is  an  abstract  being,  which  is  con- 
nected with  hut  few  external  objects ;  the  sovereitrnty  of 
the  States  is  perceptible  by  the  senses,  easily  understood, 
and  constantly  active.  The  former  is  of  recent  creation, 
the  latti'r  is  coeval  with  the  ])eople  itself.  The  sovereio;nty 
of  tile  Union  is  factitious,  that  of  the  States  is  natural  and 
selt-existent,  without  etlbrt,  like  the  authority  of  a  parent. 
Tiie  sovereignty  of  the  nation  affects  a  few  of  the  chief 
interests  of  society  ;  it  represents  an  immense  but  remote 
country,  a  vague  and  ill-defined  sentiment.  The  authority 
of  the  States  controls  every  individual  citizen  at  every 
hour  and  in  all  circumstances ;  it  protects  his  property,  his 
freedom,  and  his  life ;  it  affects  at  every  UKMnent  his  well- 
being  oi  Ills  misery.  When  we  recollect  the  traditions, 
the  customs,  the  prejudices  of  local  and  familiar  attachment 
with  which  it  is  connected,  we  cannot  doubt  the  superiority 
of  a  power  which  rests  on  the  instinct  of  patriotism  so  nat- 
ural to  the  human  heart. 

Since  legislators  cannot  prevent  such  dangerous  collis- 
ions as  occur  between  the  two  sovereignties  which  coexist 
in  the  federal  system,  their  first  object  must  be,  not  only 
to  dissuade  the  confederate  states  from  warfare,  but  to 
encourage  such  dispositions  as  lead  to  peace.  Hence  it  is 
that  the  federal  compact  cannot  be  lasting  unless  there 
exist  in  the  communities  which  are  leaffued  together  a 
certain  number  of  inducements  to  union  which  render  their 
common  dependence  agreeable,  and  the  task  of  the  govern- 
ment light.  The  federal  system  cannot  succeed  without 
the  presence  of  favorable  circumstances  added  to  the  in- 
fluence of  good  laws.  All  the  nations  which  have  ever 
formed  a  confederation  have  been  held  together  by  some 
common  interests,  which  served  as  the  intellectual  ties  of 
association. 

But  men  have  sentiments  and  principles,  as  well  as  mate- 


THE   Fl'DKHAL   CONSTITUTION. 


215 


rial  intoivsts.  A  certain  uniformity  of  civiliziition  is  not 
less  necc'ssiiry  to  tlic  dni'iibility  of  ti  confotU'rution,  than  a 
uniformity  of  interests  in  tiiu  states  wliieli  compose  it.  In 
Swit/A'rland,  tlie  (litt'erenco  between  tlie  civilization  of  the 
Canton  of  Uri  and  that  of  the  Canton  of  Vaud  is  like  tlio 
ditference  between  the  fifteenth  and  the  nineteenth  centu- 
ries ;  therefore,  })roj)erly  s])eakln<j;,  Switzerland  has  never 
had  a  federal  government.  The  union  between  these  two 
Cantons  subsists  only  upon  the  map ;  and  this  would  soon 
be  i)erceived  if  an  attempt  were  made  by  a  central  author- 
ity to  i)rescribe  the  same  laws  to  the  whole  territory. 

The  circumstance  which  makes  it  easy  to  maintain  a 
Federal  government  in  America  is,  that  the  States  not  only 
have  similar  interests,  a  common  origin,  and  a  common 
language,  but  that  they  are  also  arrived  at  the  same  stage 
of  civilization ;  which  almost  always  >  uders  a  union  fea- 
sible. I  do  not  know  of  any  European  nation,  however 
small,  which  does  not  present  less  uniformity  in  its  ditFerent 
})rovinces  than  the  American  people,  which  occupies  a  ter- 
ritory as  extensive  as  one  half  of  Europe.  The  distance 
from  ]\Iaine  to  Georgia  is  about  one  thousand  miles  ;  but 
the  difference  between  the  civilization  of  Maine  and  that  of 
Georgia  is  sliohter  than  the  difference  between  the  habits 
of  Normandy  and  those  of  Brittany.  Maine  and  Georgia, 
which  are  placed  at  the  o])posito  extremities  of  a  great 
em])ire,  have  therefore  more  real  inducements  to  form  a 
confederation  than  Normandy  and  Brittany,  which  are 
separated  only  by  a  brook. 

The  geographical  position  of  the  country  increased  the 
facilities  which  the  American  legislators  derived  from  the 
manners  and  customs  of  the  inhabitants ;  and  it  is  to  this 
circumstance  that  the  adoption  and  the  maintenance  of  the 
Federal  system  are  mainly  attributable. 

The  most  important  occurrence  in  the  life  of  a  nation 
is  the  breaking  out  of  a  war.     In  war,  a  people  act  as  one 


216 


DEMOCRACY   IN   AMKKICA. 


man  against  foroiirn  nations,  in  defence  of  their  very  ex- 
istence. Tlie  skill  of  the  government,  the  good  sense  of 
the  community,  and  the  natural  fondness  which  men  al- 
most always  entertain  for  their  country,  may  be  enough,  as 
long  as  the  only  object  is  to  maintain  peace  in  the  interior 
of  the  state,  and  to  fiivor  its  internal  prosperity  ;  but  that 
the  nation  may  carry  on  a  great  war,  the  people  must  make 
more  numerous  and  painful  sacrifices  ;  and  to  suppose  that 
a  great  number  of  men  will,  of  their  own  accord,  submit 
to  these  exigencies,  is  to  betray  an  ignorance  of  human 
nature.  All  the  nations  which  have  been  oblio;ed  to  sus- 
tain  a  long  and  serious  warfare  have  consequently  been  led 
to  augment  the  power  of  their  government.  Those  who 
have  not  succeeded  in  this  attempt  have  been  subjugated. 
A  long  war  almost  always  reduces  nations  to  the  wretched 
alternative  of  being  abandoned  to  ruin  by  defeat,  or  to  des-- 
potism  by  success.  War  therefore  renders  the  weakness 
of  a  government  most  apparent  and  most  alarming ;  and 
I  have  shown  that  the  inherent  defect  of  federal  govern- 
ments is  that  of  being  weak. 

The  federal  system  not  only  has  no  centralized  adminis- 
tration, and  nothing  which  resembles  one,  but  the  central 
government  itself  is  imperfectly  organized,  which  is  always 
a  great  cause  of  weakness  when  the  nation  is  opposed  to 
other  countries  which  are  themselves  governed  by  a  single 
authority.  In  the  Federal  Constitution  of  the  United 
States,  where  the  central  government  has  more  real  force 
than  in  any  other  confederation,  this  evil  is  still  extremely 
sensible.     A  single  example  will  illustrate  the  case. 

The  Constitution  confers  upon  Congress  the  right  of 
*'  calling  forth  the  militia  to  execute  the  laws  of  the  Union, 
suppress  insurrections,  and  repel  invasions  "  ;  and  another 
article  declares  that  the  President  of  the  United  States  is 
the  commander-in-chief  of  th.e  militia.  In  the  war  of 
1812,  the  President  ordered  the  militia  of  the  Northern 


.  iisi!;. 


THE   FEDERAL   CONSTITUTION. 


217 


^iiiillc 


States  to  march  to  the  frontiers ;  but  Connecticut  and 
Massachusetts,  wliose  interests  were  impaired  by  the  war, 
reflised  to  obey  the  command.  They  argued  that  the  Con- 
stitution authorizes  the  Federal  government  to  call  forth 
the  militia  in  case  of  inaurredion  or  invasion ;  but  in  the 
present  instance,  there  was  neither  invasion  nor  insurrec- 
tion. They  added,  that  the  same  Constitution  which  con- 
ferred upon  the  Union  the  right  of  calling  the  militia  into 
active  service,  reserved  to  the  States  that  of  naming  the 
officers  ;  and  consequently  (as  they  understood  the  clause) 
no  officer  of  the  Union  had  any  right  to  command  the 
miUtia,  even  during  war,  except  the  President  in  person : 
and  in  this  case,  they  were  ordered  to  join  an  army  com- 
manded by  another  individual.  These  absurd  and  perni- 
cious doctrines  received  the  sanction  not  only  of  the  Gov- 
ernors and  the  legislative  bodies,  but  also  of  the  courts 
of  justice  in  both  States  ;  and  the  Federal  government 
was  constrained  to  raise  elsewhere  the  troops  which  it  re- 


* 


quired. 

How  happens  it,  then,  that  the  American  Union,  with 
all  the  relative  perfection  of  its  laws,  is  not  dissolved  by 
the  occurrence  of  a  great  war  ?  It  is  because  it  has  no 
great  wars  to  fear.  Placed  in  the  centre  of  an  immense 
continent,  ■'A'liich  offers  a  boundless  field  for  human  indus- 
try, the  Union  is  almost  as  much  insulated  from  tlic  world 
as  if  all  its  frontiers  were  girt  by  the  ocean.     Canada  con- 

*  Kent's  Commentaries,  Vol.  I.  p.  244.  I  have  selected  an  example 
wliicli  relates  to  a  time  lonj^  after  the  promulgation  of  the  present  Constitu- 
tion, If  I  had  gone  back  to  the  days  of  the  Confederation,  I  might  liavo 
given  still  more  striking  instances.  The  wliolc  nation  was  at  that  time  in  a 
state  of  entlnisiastic  excitement ;  the  Revohition  was  represented  by  a  man 
wlio  was  the  idol  of  the  people ;  hut  at  that  very  period,  Congress  li.id,  to 
say  the  truth,  no  resources  at  all  at  its  disposal.  Troops  and  supplies  Wv^re 
perpetually  wanting.  The  best-devised  projects  failed  in  the  execution,  and 
the  Union,  constantly  on  the  verge  of  destruction,  was  saved  by  the  weak- 
ness of  its  enemies  far  more  than  by  its  own  strength. 
10 


"   0  "■ 


1,11 

"  1 


IP^ 


218 


DEMOCRACY  IN  AMERICA. 


\   1 


tains  only  a  million  of  inhabitants,  and  its  population  is  di- 
vided into  two  inimical  nations.  The  rigor  of  the  climate 
limits  the  extension  of  its  territory,  and  shuts  up  its  ports 
during;  the  six  months  of  winter.  From  Canada  to  the 
Gulf  of  Mexico  a  few  savage  tribes  are  to  be  met  with, 
which  retire,  perishing  in  their  retreat,  before  six  thousand 
soldiers.  To  the  south,  the  Union  has  a  point  of  contact 
with  the  empire  of  Mexico ;  and  it  is  thence  that  serious 
hostilities  may  one  day  be  expected  to  arise.  But  for  a 
long  while  to  come,  the  uncivilized  state  of  the  Mexican 
people,  the  depravity  of  their  morals,  and  their  extreme 
poverty,  will  prevent  that  country  from  ranking  high 
amongst  nations.  As  for  the  powers  of  Europe,  they  are 
too  distant  to  be  formidable.* 

The  great  advantage  of  the  United  States  does  not,  then, 
consist  in  a  Federal  Constitution  which  allows  them  to 
carry  on  great  wars,  but  in  a  geographical  position  which 
renders  such  wars  extremely  improbable. 

No  one  can  be  more  inclined  than  I  am  to  appreciate  the 
advantages  of  the  Federal  system,  which  I  hold  to  be  one 
of  the  combinations  most  favorable  to  the  prosperity  and 
freedom  of  man.  I  envy  the  lot  of  those  nations  which 
have  been  able  to  adopt  it ;  but  I  cannot  believe  that  any 
confederate  people  could  maintain  a  long  or  an  equal  con- 
test with  a  nation  of  similar  strength  in  which  the  eov- 
ernment  is  centralized.  A  people  which  should  divide  its 
sovereignty  into  fractional  parts,  in  the  presence  of  the 
great  military  monarchies  of  Europe,  would,  in  my  opin- 
ion, by  that  very  act  abdicaL  its  power,  and  perhaps  its 
existence  and  its  name.  But  such  is  the  admirable  posi- 
tion of  the  New  World,  that  man  has  no  other  enemy  than 
himself;  and  that,  in  order  to  be  happy  and  to  be  free,  he 
has  only  to  determine  that  he  will  be  so. 

*  See  Appendix  O. 


TUE  PEOPLE   GOVERN  IN   THE   UNITED   STATES. 


219 


CHAPTER    IX. 


hitjh 


THUS  far,  I  have  examined  the  institutions  of  the 
United  States ;  I  have  passed  their  legislation  in  re- 
view, and  have  described  the  present  forms  of  political 
society  in  that  country.  But  above  these  institutions,  and 
beyond  all  these  characteristic  forms,  there  is  a  sovereign 
power  —  that  of  the  people  —  which  may  destroy  or  mod- 
ity  them  at  its  pleasure.  It  remains  to  be  shown  in  what 
manner  this  power,  superior  to  the  laws,  acts  ;  what  are  its 
instincts  'wv.  its  passions,  what  the  secret  springs  which 
retard,  acc< '  »  j,  or  direct  its  irresistible  course,  what  the 
effects  of  kn  unbounded  authority,  and  what  the  destiny 
which  is  reserved  for  it. 


HOW   IT   CAN  BE  STRICTLY   SAID  THAT  THE  PEOPLE  GOVERN 
IN   THE    UNITED    STATES. 


e  gov- 

■ 

^ide  its 
of  the 

i 

r  opin- 
aps  its 

1 

}  posi- 
Y  than 
•ee,  he 

■'\r 

In  America,  the  people  appoint  the  legislative  and  the 
executive  power,  and  furnish  the  jurors  who  punish  all  in- 
fractions of  the  laws.  The  institutions  are  democratic,  not 
only  in  their  principle,  but  in  all  their  consequences  ;  and 
the  people  elect  their  representatives  directly^  and  for  the 
most  part  annually^  in  order  to  insure  their  dependence. 
The  people  are,  therefore,  the  real  directing  power ;  and 
although  the  form  of  government  is  representative,  it  is 
evident  that  the  opinions,  the  prejudices,  the  interests,  and 
even  the  passions  of  the  people  are  hindered  by  no  perma- 
nent obstacles  from  exercising  a  perpetual  influence  on 


[1 


220 


DEMOCRACY   IN   AMERICA. 


the  daily  conduct  of  affairs.  In  tlie  United  States,  the 
majority  governs  in  the  name  of  the  people,  as  is  the  case 
in  all  countries  in  which  the  people  are  supreme.  This 
majority  is  principally  composed  of  peaceable  citizens,  who, 
either  by  inclination  or  by  interest,  sincerely  wish  the  wel- 
fare of  their  country.  But  they  are  surrounded  by  the 
incessant  agitation  of  parties,  who  attempt  to  gain  their 
co-operation  and  support. 


I   ') 


I'AliTIES   IN    THE   UNITED   STATES. 


901 


CHAPTER    X. 

PARTIES  IN  THE   UNITED   STATES. 

Great  Distinction  to  be  made  between  Parties.  —  Parties  which  are  to  each 
other  as  rival  Nations.  —  Parties  properly  so  called.  —  Difference  be- 
tween great  and  small  Parties.  —  Epochs  which  produce  them. — Their 
Characteristics.  —  America  has  had  prcat  Parties.  —  They  are  extinct. — 
Federalists. — Republicans.  —  Defeat  of  the  Federalists.  —  Difficulty  of 
creating  Parties  in  the  United  States.  —  What  is  done  with  this  Inten- 
tion. —  Aristocratic  or  Democratic  Character  to  be  met  with  in  all  Par 
ties.  —  Struggle  of  General  Jackson  against  the  Bank. 


A  GREAT  distinction  must  be  made  between  parties. 
Some  comitries  are  so  large  that  the  different  pop- 
ulations which  inhabit  them,  although  united  under  the 
same  government,  have  contradictory  interests ;  and  they 
may  consequently  be  in  a  perpetual  state  of  opposition. 
In  this  case,  the  different  fractions  of  the  people  may  more 
properly  be  considered  as  distinct  nations  than  as  mere 
parties  ;  and  if  a  civil  war  breaks  out,  the  struggle  is  car- 
ried on  by  rival  states  rather  than  by  factions  in  the  same 
state. 

But  when  the  citizens  entertain  different  opinions  upon 
subjects  which  affect  the  whole  country  alike,  —  such,  for 
instance,  as  the  principles  upon  which  the  government  is 
to  be  conducted,  —  then  distinctions  arise  which  may  cor- 
rectly be  styled  parties.  Parties  are  a  necessary  evil  in 
free  governments  ;  but  they  have  not  at  all  times  the  same 
character  and  the  same  propensities. 

At  certain  periods,  a  nation  may  be  oppressed  by  such 


li 


222 


DEMOCRACY  IN   AMERICA. 


!i! 


insupportable  evils  as  to  conceive  the  design  of  effecting  a 
total  change  in  their  political  constitution  ;  at  other  times, 
the  mischief  lies  still  deeper,  and  the  existence  of  society 
itself  is  endangered.  Such  are  the  times  of  great  revolu- 
tions and  of  great  parties.  But  between  these  epochs  of 
misery  and  confusion  there  are  periods  during  which  hu- 
man society  seems  to  rest,  and  mankind  to  take  breath. 
This  pause  is,  indeed,  only  apparent ;  for  time  does  not  stop 
its  course  for  nations  any  more  than  for  men  ;  they  are  all 
advancing  every  day  towards  a  goal  with  whicli  they  are 
unacquainted.  We  imagine  them  to  be  stationary  only 
when  their  progress  escapes  our  observation,  as  men  who 
are  going  at  a  foot-pace  seem  to  be  standing  still  to  those 
who  run. 

But  however  this  may  be,  there  are  certain  epochs  at 
which  the  changes  that  take  place  in  the  social  and  politi- 
cal constitution  of  nations  are  so  slow  and  insensible,  that 
men  imagine  they  have  reached  a  final  state  ;  and  the 
human  mind,  believing  itself  to  be  firmly  based  upon  sure 
foundations,  does  not  extend  its  researches  beyond  a  cer- 
tain horizon.     These  are  the  times  of  small  parties  and  of 


mtrigue. 


The  political  parties  which  I  style  great  are  those  which 
cling  to  principles  rather  than  to  their  consequences  ;  to 
general,  and  not  to  special  cases  ;  to  ideas,  and  not  to 
men.  These  parties  are  usually  distinguished  by  nobler 
features,  more  generous  passions,  more  genuine  convic- 
tions, and  a  more  bold  and  open  conduct,  tlian  the  others. 
In  them,  private  interest,  which  always  plays  the  chief 
part  in  political  passions,  is  more  studiously  veiled  under 
the  pretext  of  the  public  good  ;  and  it  may  even  be  some- 
times concealed  from  the  eyes  of  the  very  persons  whom  it 
excites  and  impels. 

Minor  parties,  on  the  other  hand,  are  generally  deficient 
in  political  good  faith.     As  they  are  no.      stained  or  digni- 


PARTIES  IN  THE   UNITED   STATES. 


223 


fied  by  lofty  purposes,  they  ostensibly  display  the  selfish- 
ness of  their  character  in  their  actions.  They  glow  with 
a  flictitious  zeal ;  their  language  is  vehement  ;  but  their 
conduct  is  timid  and  irresolute.  The  means  which  they 
employ  are  as  wretched  as  the  end  at  which  they  aim. 
Hence  it  happens,  that,  when  a  calm  state  succeeds  a 
violent  revolution,  great  men  seem  suddenly  to  disappear, 
and  the  powers  of  the  human  mind  to  lie  concealed.  So- 
ciety is  convulsed  by  great  y"  *^'  *t  is  only  agitated  by 
minor  ones  ;  it  is  torn  by  the  for  r,  by  the  latter  it  is 
degraded;  and  if  the  first  sometimes  save  it  by  a  '^airy 
perturbation,  the  last  invariably  disturb  it  to  no  good  end. 

America  has  had  great  parties,  but  has  them  no  longer ; 
and  if  her  happiness  is  thereby  considerably  increased,  her 
morality  has  suffered.  When  the  war  of  independence 
was  terminated,  and  the  foundations  of  the  new  govern- 
ment were  to  be  laid  down,  the  nation  was  divided  be- 
tween two  opinions,  —  two  opinions  which  are  as  old  as 
the  world,  and  which  are  perpetually  to  be  met  with,  under 
different  forms  and  various  names,  in  all  free  communities, 
—  the  one  tending  to  limit,  the  other  to  extend  indefinitely, 
the  power  of  the  people.  The  conflict  between  these  two 
opinions  never  assumed  thui  degree  of  violence  in  America 
which  it  has  frequently  displayed  elsewhere.  Both  parties 
of  the  Americans  were  agreed  upon  the  most  essential 
points  ;  and  neither  of  them  had  to  destroy  an  old  consti- 
tution, or  to  overthrow  the  structure  of  society,  in  order  to 
triumph.  In  neither  of  them,  consequently,  were  a  great 
number  of  private  interests  affected  by  success  or  defeat : 
but  moral  principles  of  a  high  order,  such  as  the  love  of 
equality  and  of  independence,  were  concerned  in  the 
struggle,  and  these  suflSced  to  kindle  violent  passions. 

The  party  which  desired  to  limit  the  power  of  the 
people,  endeavored  to  apply  its  doctrines  more  especially 
to  the  Constitution  of  the  Union,   whence  it  derived  its 


i 


y 


m 


224 


DEMOCRACY  IN   AMERICA. 


4 1 ! 


name  of  Federal.  The  otlior  party,  wliicli  affected  to  bo 
exclusively  attached  to  the  cause  of  liberty,  took  that  of 
llepuhliean.  America  is  the  land  of  democracy,  and  the 
Federalists,  therefore,  were  always  in  a  minority  ;  but  they 
reckoned  on  their  side  almost  all  the  great  men  whom  the 
war  of  indej)endencc  had  produced,  and  their  moral  power 
was  very  considerable.  Their  cause  was,  moreover,  favored 
by  circumstances.  The  ruin  of  the  first  Confedcn-ation  bad 
impressed  the  people  witb  a  dread  of  anaichy,  aiid  the 
Federalists  profited  by  this  transient  disposition  of  the  mul- 
titude. For  ten  or  twelve  years,  tliey  were  at  the  bead  of 
affairs,  and  they  were  able  to  apply  some,  tliougb  not  all, 
of  their  principles ;  for  the  hostile  current  was  becoming 
from  day  to  day  too  violent  to  be  checked.  In  1801,  the 
Republicans  got  possession  of  the  government :  Thomas 
Jefferson  was  elected  President ;  and  he  increased  the  in- 
fluence of  their  party  by  the  weight  of  his  great  name,  the 
brilliancy  of  his  talents,  and  his  immense  popularity. 

The  means  by  which  the  Federalists  had  maintained 
their  position  were  artificial,  and  their  resources  were  tem- 
porary :  it  was  by  the  virtues  or  the  talents  of  their  leaders, 
as  well  as  by  fortunate  circumstances,  that  they  had  risen 
to  power.  When  the  Republicans  attained  that  station  in 
their  turn,  their  opponents  were  overwhelmed  by  utter 
defeat.  An  immense  majority  declared  itself  against  the 
retiring  party,  and  the  Federalists  found  themselves  in  so 
small  a  minority,  that  they  at  once  despaired  of  future  suc- 
cess. From  that  moment,  the  Republican  or  Democratic 
party  has  proceeded  from  conquest  to  conquest,  until  it  has 
acquired  absolute  supremacy  in  the  country.  The  Fed- 
eralists, perceiving  that  they  were  vanquished  without  re- 
source, and  isolated  in  the  midst  of  the  nation,  fell  into  two 
divisions,  of  which  one  joined  the  victorious  Republicans, 
and  the  other  laid  down  their  banners  and  changed  their 
name.  Many  years  have  elapsed  since  they  wholly  ceased 
to  exist  as  a  party. 


r.^r.TIKS   IN   THE   UNITED   STATES. 


225 


iaders, 

risen 

tion  in 

utter 

ist  the 

in  so 

e  suc- 

ocratic 

it  has 

Fed- 

ut  re- 

;o  two 

icans, 

their 

eased 


The  accession  of  the  Federahsts  to  power  was,  in  my 
opinion,  one  of  tlie  most  fortunate  incidents  wlilch  accom- 
panied the  formation  of  the  j^reat  American  Union :  they 
resisted  tlie  inevitable  ])ropensities  of  tlieir  country  and 
tiieir  aije.  But  Avliether  their  theories  were  good  or  bad, 
tliey  had  the  fludt  of  bein<^  inappHcabh',  as  a  whole,  to  the 
society  which  they  wished  to  govern,  and  that  which 
occurred  under  the  auspices  of  Jefferson  must  theivfore 
have  taken  place  sooner  or  later.  But  their  government 
at  least  gave  the  new  republic  time  to  acquire  a  certain 
stability,  and  afterwards  to  sup})ort  without  inconvenience 
the  raj)id  growth  of  the  very  doctrines  which  they  had 
combated.  A  considerable  number  of  their  principles, 
moreover,  were  embodied  at  last  in  the  political  creed  of 
their  opponents  ;  and  the  Federal  Constitution,  which  sub- 
sists at  the  present  day,  is  a  lasting  monument  -of  their 
patriotism  and  their  wisdom. 

Great  political  parties,  then,  are  not  to  be  met  with  in 
the  United  States  at  the  present  time.  Parties,  indeed, 
may  be  found  which  threaten  the  future  of  the  Union ; 
but  there  are  none  which  seem  to  contest  the  present  form 
of  government,  or  the  present  course  of  society.  The 
parties  by  which  the  Union  is  menaced  do  not  rest  upon 
principles,  but  upon  material  interests.  These  interests 
constitute,  in  the  different  provinces  of  so  vast  an  empii'e, 
rival  nations  rather  than  parties.  Thus,  upon  a  recent 
occasion  [1832],  the  North  contended  for  the  system  of 
commercial  prohibition,  and  the  South  took  up  arms  in 
favor  of  free  trade,  simply  because  the  North  is  a  manufac- 
turing and  the  South  an  agricultural  community ;  and  the 
restrictive  system  which  was  profitable  to  the  one,  was 
prejudicial  to  the  other. 

In  the  absence  of  great  parties,  the  United  States  swarm 
with  lesser  controversies ;  and  public  opinion  is  divided 
into  a  thousand  minute  shades  of  difference  upon  questions 

10*  o 


i 


22G 


DEMOCRACV   IN   AMKUICA. 


of  detail.  The  pains  wliicli  aro  taken  to  create  parties  are 
inconceivable,  and  at  the  present  day  it  is  no  easy  task. 
In  tlie  United  States,  tliere  is  no  religious  animosity,  be- 
cause all  religion  is  respected,  and  no  sect  is  predonrnant ; 
tliere  is  no  jealousy  of  rank,  because  the  people  are  every- 
tliing,  and  none  can  contest  their  authority ;  lastly,  there  is 
no  i)ultlic  misery  to  serve  as  a  means  of  agitation,  hecause 
the  }»liysical  position  of  the  country  opens  so  wide  a  field 
to  industry,  that  man  only  needs  to  bo  let  alone  to  be  able 
to  accomplish  prodigies.  Nevertheless,  amljitious  men  will 
succeed  in  creating  parties,  since  it  is  difficult  to  eject  a 
person  from  authority  upon  the  mere  ground  that  his  place 
is  coveted  by  others.  All  the  skill  of  the  actors  in  the 
political  world  lies  in  the  art  of  creating  parties.  A  })olit- 
ical  as[)irant  in  the  United  States  begins  b^  diseerning  his 
own  interest,  and  discovering  those  other  interests  which 
may  be  collected  around,  and  amalgamated  with  it.  lie 
then  contrives  to  find  out  some  doctrine  or  princij)le  which 
may  suit  the  purposes  of  this  new  association,  and  which 
he  adopts  in  order  to  bring  forward  his  party  and  secure  its 
popularity :  just  as  the  inqyrimatnr  of  the  king  was  in  for- 
mer days  printed  upon  the  title-page  of  a  volume,  and  was 
thus  incorporated  with  a  book  to  which  it  in  no  wise  be- 
longed. This  being  done,  the  new  party  is  ushered  into 
the  political  world. 

All  the  domestic  controversies  of  the  Americans  at  first 
appear  to  a  stranger  to  be  incomprehensible  or  puerile,  and 
he  is  at  a  loss  whether  to  pity  a  people  who  take  such  ar- 
rant trifles  in  good  earnest,  or  to  envy  that  happiness  which 
enables  a  community  to  discuss  them.  But  when  he  comes 
to  study  the  secret  propensities  which  govern  the  factions 
of  America,  he  easily  perceives  that  the  greater  part  of 
them  are  more  or  less  connected  with  one  or  the  other  of 
those  two  great  divisions  which  have  always  existed  in  free 
communities.     The  deeper  we  penetrate  into  the  inmost 


#    I  ^t 


^lJ.  .1 


TARTIES   IN   THE   UNITED   STATES. 


227 


thou^lit  of  those  parties,  the  more  do  we  jx'rcoive  that  tlio 
ohject  of  tlie  one  is  to  limit,  aiid  tliat  of  the  otlior  to  ex- 
tend, tiie  autliority  of  tlie  people.  I  do  not  assert  that  the 
ostensible  pin'pose,  or  even  that  the  secret  aim,  of  Amer- 
ican ])arties  is  to  promote  the  nde  of  aristocracy  or  de- 
mocracy in  the  country ;  but  I  affirm  tliat  aristocratic  or 
democratic  passions  may  easily  be  detected  at  the  bottom 
of  all  i)arties,  and  that,  although  they  escape  a  superficial 
observation,  they  are  the  main  point  and  soul  of  every  tac- 
tion in  the  United  States. 

To  quote  a  recent  exam[)le :  —  when  President  -Tackson 
aiiiicked  the  Bank,  the  country  was  excited,  and  parties 
were  fonned ;  the  well-informed  classes  rallied  round  the 
Bank,  the  common  people  round  the  President..  But  it 
must  not  be  imagined  that  the  pco])le  had  formed  a  rational 
opinion  upon  a  question  which  offers  so  many  difticulties  to 
the  most  experienced  statesmen.  By  no  means.  The 
Bank  is  a  great  establishment,  which  has  an  indej)endent 
existence  ;  and  the  people,  accustomed  to  make  and  un- 
make whatsoever  they  please,  are  startled  to  meet  with  this 
obstacle  to  their  authority.  In  the  midst  of  the  perpetujd 
fluctuation  of  society,  the  community  is  irritated  by  so 
permanent  an  institution,  and  is  led  to  attack  it,  in  order 
to  see  whether  it  can  be  shaken,  like  everything  else. 


1. 


REMAINS    OF    THE    ARISTOCRATIC    PARTY   IN   THE    UNITED 

STATES. 

Secret  Opposition  of  wealthy  Individuals  to  Democracy.  —  Their  Retire- 
ment. —  Their  Taste  for  exclusive  Pleasures  and  for  Luxury  at  Home. 
—  Their  Simplicity  abroad.  —  Their  affected  Condescension  towards  the 
People. 

It  sometimes  happens,  in  a  people  amongst  whom  various 
opinions  prevail,  that  the  balance  of  parties  is  lost,  and  one 
of  them  obtains  an  irresistible  preponderance,  overpoAvers 


I  ir|p> 

4 


i 


J 


!'  ■  l^ 


s 


I '  i 


If 


i  li 


ii 


228 


nKMoriJACV   IN   AMKKICA. 


all  olistacK's,  .itmiliiliitc's  its  opponents,  and  appropriates  all 
the  resources  of  society  to  its  own  use.  The  van(piislu'(l 
{lesj)air  of  success,  hide  their  heads,  and  are  silent.  The 
nation  seems  to  be  governed  by  a  sin<fU^  princi])le,  univer- 
sal stillness  prevails,  and  the  prevailin;^  pi^i'^y  assumes  the 
credit  of  havin<^  restored  j>eace  and  unanimity  to  the  coun- 
try. But  under  this  apparent  unanimity  still  exist  pro- 
found differences  of  oj)inion,  and  real  oppositicm. 

This  is  what  occurred  in  America ;  when  the  democratic 
party  <^ot  the  upper  hand,  it  took  exclusive  possession  of 
the  conduct  of  aftliirs,  and  from  that  time,  the  laws  and  the 
customs  of  society  have  been  adapted  to  its  caprices.  At 
the  present  day,  the  more  affluent  classes  of  society  have 
no  iuHuence  in  political  affairs  ;  and  wealth,  far  from  con- 
ferring a  right,  is  rather  a  cause  of  unj)opularity  than  a 
means  of  attaining  power.  The  rich  abandon  the  lists, 
through  unwillingness  to  contend,  and  frequently  to  con- 
tend in  vain,  against  the  poorer  classes  of  their  fellow-citi- 
zens. As  they  cannot  occupy  in  public  a  position  equiva- 
lent to  what  they  hold  in  private  life,  they  abandoii  the 
former,  and  give  themselves  up  to  the  latter;  and  tliey 
constitute  a  private  society  in  the  state,  which  has  its  own 
tastes  and  pleasures.  They  submit  to  this  state  of  things 
as  an  irremediable  evil,  but  they  are  careful  not  to  show 
that  they  are  galled  by  its  continuance  ;  one  often  liears 
them  laud  the  advantages  of  a  republican  government  and 
democratic  institutions  when  they  are  in  public.  Next  to 
hating  their  enemies,  men  are  most  inclined  to  flatter  them. 

Mark,  for  instance,  that  opulent  citizen,  who  is  as  anx- 
ious as  a  Jew  of  the  Middle  Ages  to  conceal  his  wealth. 
His  dress  is  plain,  his  demeanor  unassuming  ;  but  the  in- 
terior of  his  dwelling  glitters  with  luxury,  and  none  but  a 
few  chosen  guests,  whom  he  haughtily  styles  his  equals,  are 
allowed  to  penetrate  into  this  sanctuary.  No  European 
noble  is  more  exclusive  in  his  pleasures,  or  more  jealous  of 


PARTIKS    IX    TIIF-:    INITKn    STATF.S. 


229 


the  smjilK'st  advantnjjcs  wliicli  a  j>rlvlK'<i;»'(l  station  conft'rs. 
But  tlie  same  individual  crosses  tho  city  to  rcacli  a  dark 
count inu-liouse  in  tlic  centre  of  traffic,  where  every  one 
may  accost  him  who  pleases.  If  he  meets  his  cohhler 
upon  the  way,  tliey  stop  and  converse  ;  tlie  two  citizens 
discuss  the  attairs  of  the  state,  and  shake  hands  before 
they  part. 

lint  herieath  this  artificial  enthusiasm,  and  these  ohsecpii- 
ous  attentions  to  the  preponderating  power,  it  is  easy  to 
perceive  that  the  rich  have  a  hearty  dislike  of  the  demo- 
cratic institutions  of  their  country.  The  pe()|)le  lonn  a 
power  which  they  at  once  tear  and  desj)ise.  It'  •  le  mal- 
administration of  the  democracy  ever  brings  about  a  revo- 
lutionary crisis,  and  monarchical  institutions  ever  bccduie 
practicable  in  the  United  States,  the  truth  of  what  I  ad- 
vance will  become  obvious. 

The  two  chief  weapons  which  parties  use  in  order  to  ob- 
tain success  are  the  newspapers  and  public  associations. 


', 

T  

li 

! 
J 

i 

i 
1 

1 

1 

! 
ll 

1    ^ 

i    :! 

'r 

1     ; 

!l 

1 

i 

!l  I 


I  ! 


230 


DEMOCKACY  IN  AMERICA. 


CHAPTER    XI. 

LIBERTY   OF   THE  PRESS  IN  THE  UNITED   STATES. 

Difficulty  of  restraining  tlie  Liberty  of  the  Press.  —  Particular  Reasons 
which  some  Nations  have  for  cherishing  this  Liberty.  —  The  Lil)erty 
of  the  Press  a  necessary  Consei^uence  of  the  Sovereignty  of  the  People 
as  it  is  understood  in  America.  —  Violent  Language  of  the  Periodical 
Press  in  tlie  United  States.  —  The  Periodical  Press  has  some  peculiar 
Instincts,  proved  by  the  Example  of  the  United  States.  —  Opinion  of 
the  Americans  uj)on  the  Judicial  Repression  of  the  Abuses  of  the  Pres.s 
—  Why  tlie  Press  is  less  powerful  in  America  than  in  France. 

T!HE  influence  of  the  liberty  of  the  press  does  not  affect 
political  opinions  alone,  but  extends  to  all  the  opinions 
of  men,  and  modifies  customs  as  well  as  laws.  In  another 
part  of  this  work,  I  shall  attempt  to  determine  the  degree 
of  influence  which  the  liberty  of  the  press  has  exercised 
upon  civil  society  in  the  United  States,  and  to  point  out 
the  direction  which  it  has  given  to  the  ideas,  as  well  as  the 
tone  which  it  has  imparted  to  the  character  and  the  feel- 
ings, of  the  Anglo-Americans.  At  present,  I  purpose  only 
to  examine  the  effects  produced  by  the  liberty  of  the  press 
in  the  political  world. 

I  confess  that  I  do  not  entertain  that  firm  and  complete 
attachment  to  the  lioerty  of  the  press  which  is  wont  to  be 
excited  by  things  that  are  supremely  good  in  their  very 
nature.  I  approve  of  it  from  a  consideration  more  of  the 
evils  it  prevents,  than  of  the  advantages  it  insures. 

If  any  one  could  point  out  an  intermediate  and  yet  a 
tenable  position  between  the  complete  independence  and 
the  entire  servitude  of  opinion,  I  should,  perhaps,  be  in- 


LIBEKTY    OF   THE   PRESS   IN   THE    UNITED   STATES.       231 


cliiied  to  adopt  it ;  but  the  difficulty  is,  to  discover  tliis  in- 
teniicdiate  positiou.  luteudiuo;  to  correct  the  hcentiousuess 
of  tlie  press,  aud  to  restore  the  use  of  orderly  lauguage, 
you  first  try  the  offender  by  a  jury  ;  but  if  ti;?  jury  accjuits 
him,  the  opinion  which  was  that  of  a  single  individual  be- 
comes the  opinion  of  the  whole  country.  Too  much  and 
too  little  has  therefore  been  done  ;  go  farther,  then.  You 
bring  the  delinquent  before  permanent  magistrates  ;  but 
even  here,  the  cause  must  be  heard  before  it  can  be  decid- 
ed ;  and  the  very  princi})les  which  no  book  would  have 
ventured  to  avow  are  blazoned  forth  in  the  pleadings,  and 
what  was  obscurely  hinted  at  in  a  single  com})osition  is 
thus  repeated  in  a  multitude  of  other  ])ul)lications.  The 
language  is  only  the  expression,  and  (if  I  may  so  sj)eak) 
the  body,  of  the  thought,  but  it  is  not  the  thought  itself. 
Tribunals  may  condemn  the  body,  but  the  sense,  the  spirit, 
of  the  work  is  too  subtile  for  their  authority.  Too  nmch 
has  still  been  done  to  recede,  too  little  to  attain  your  end  ; 
you  must  go  still  farther.  Establish  a  censorship  of  the 
])ress.  But  the  tongue  of  the  public  speaker  will  still 
make  itself  heard,  and  your  purpose  is  not  yet  accom- 
plished ;  you  have  only  increased  the  mischief.  Thought 
is  not,  like  physical  strength,  dependent  upon  the  number 
of  its  agents  ;  nor  can  authors  be  counted  like  the  troops 
which  compose  an  army.  On  the  contrary,  the  authority 
of  a  princi})le  is  often  increased  by  the  small  number  of 
men  by  whom  it  is  expressed.  The  words  of  one  strong- 
minded  man,  addressed  to  the  passions  of  a  listening  assem- 
bly, have  more  power  than  the  vociferations  of  a  thousand 
orators  ;  and  if  it  be  allowed  to  speak  freely  in  any  one 
public  place,  the  consequence  is  the  same  as  if  free  speak- 
ing was  allowed  in  every  village.  The  liberty  of  speech 
must  therefore  be  destroyed,  as  well  as  the  liberty  of  the 
press.  And  now  you  have  succeeded,  everybody  is  re- 
duced to  silence.      But  your   object  was    to  repress  the 


£!3 


232 


DEMOCRACY   IN   AMERICA. 


!l    ill 


abuses  of  liLorty,  iiiul  you  are  brought  to  the  feet  of  a 
despot.  You  have  been  led  from  the  extreme  of  indepen- 
dence to  the  extreme  of  servitude,  without  finding  a  single 
tenable  position  on  the  way  at  which  you  could  stop. 

There  are  certain  nations  which  have  peculiar  reasons 
for  cherishing  the  liberty  of  the  press,  independently  of 
the  general  motives  which  I  have  just  pointed  out.  For  in 
certain  countries  which  profess  to  be  free,  every  indi\idual 
agent  of  the  government  may  violate  the  laws  with  impu- 
nity, since  the  constitution  does  not  give  to  those  who  are 
injured  a  right  of  complaint  before  the  courts  of  justice. 
In  this  case,  the  liberty  of  the  press  is  not  merely  one  of 
the  guaranties,  but  it  is  the  only  guaranty,  of  their  liberty 
and  security  which  the  citizens  possess.  If  the  rulers  of 
these  nations  proposed  to  abolish  the  independence  of  the 
press,  the  whole  people  might  answer,  Give  us  the  right 
of  prosecuting  your  offences  before  the  ordinary  tribunals, 
and  perhaps  we  may  then  waive  our  right  of  appeal  to 
the  tribunal  of  public  opinion. 

In  countries  where  the  doctrine  of  the  sovereignty  of  the 
people  ostensibly  prevails,  the  censorship  of  the  press  is  not 
only  dangerous,  but  absurd.  When  the  right  of  every  citi- 
zen to  a  share  in  the  government  of  society  is  acknowl- 
edged, every  one  must  be  presumed  to  be  able  to  choose 
between  the  various  opinions  of  his  contemporaries,  and  to 
appreciate  the  different  facts  from  which  inferences  may  be 
drawn.  The  sovereignty  of  the  people  and  the  liberty  of 
the  press  may  therefore  be  regarded  as  correlative  ;  just  as 
the  censorship  of  the  press  and  universal  suffrage  are  two 
things  which  are  irreconcilably  opposed,  and  which  cannot 
long  be  retained  among  the  in  titutions  of  the  same  people. 
Not  a  single  individual  of  the  [thirty]  millions  who  inhabit 
the  United  States  has,  as  yet,  dared  to  propose  any  restric- 
tions on  the  liberty  of  the  press.  The  first  newspaper 
over  which  I  cast  my  eyes,  uptm  my  arrival  in  America, 
contained  the  following  article  :  — 


\i 


LIBERTY   OF   THE   PRESS   IN   THE    UNITED   STATES.       233 

"  In  all  tliis  affair,  the  language  of  Jackson  [the  President] 
has  been  that  of  a  heartless  despot,  solely  occu[)ie(l  with  the 
preservation  of  his  own  authority.  Ambition  is  his  erinie,  and 
it  will  be  his  punishment,  U'>:  ntrigue  is  his  native  element,  and 
intrigue  will  confound  his  i/loKs,  and  deprive  him  of  his  jjower. 
He  governs  by  means  of  corrui)tion,  and  his  immoral  [)ractices 
will  redound  to  his  shame  and  confusion.  His  conduct  in  the 
political  arena  has  been  tliat  of  a  shameless  and  lawless  game- 
ster. He  succeeded  at  the  time ;  but  the  hour  of  retribution  ap- 
])roaches,  and  he  will  be  obliged  to  disgorge  his  winnings,  to  throw 
aside  his  false  dice,  and  to  end  his  days  in  some  retirement,  where 
he  may  curse  his  madness  at  his  leisure ;  for  repentance  is  a 
virtue  with  which  his  heart  is  likely  to  remain  forever  unac- 
quainted." 


Many  persons  in  France  think,  that  the  violence  of  the 
press  originates  in  the  instabihty  of  the  social  state,  in  oui 
political  passions,  and  the  general  feeling  of  uneasiness 
Avliich  consequently  prevails ;  and  it  is  therefore  supposed 
that,  as  soon  as  society  has  resumed  a  certain  degree  of 
composure,  the  press  will  abandon  its  present  vehemence. 
For  my  own  part,  I  would  willingly  attribute  to  these 
causes  the  extraordinary  ascendency  which  the  press  has 
acquired  over  the  nation ;  but  I  do  not  think  tliat  they  do 
exercise  much  influence  upon  its  language.  The  periodi- 
cal press  appears  to  me  to  have  passions  and  instincts  of 
its  own,  independent  of  the  circumsttmces  in  which  it  is 
placed  ;  and  the  present  condition  of  America  corroborates 
this  opinion. 

America  is  perhaps,  at  this  moment,  the  country  of  the 
whole  world  which  contains  the  fewest  germs  of  revolu- 
tion ;  but  the  press  is  not  less  destructive  in  its  principles 
there  than  in  France,  and  it  displays  the  same  violence 
without  the  same  reasons  for  indignation.  In  America,  as 
in  France,  it  constitutes  a  singular  power,  so  strangely 
composed  of  mingled  good  and  evil,  that  liberty  could  not 


iM 


234 


DEMOCRACY  IN  AMERICA. 


i't      :!:| 


I    !l' 


I!  1  M 


Hi 


J!     »;i  I   " 


live  witliout  it,  and  public  order  can  hardly  bo  maintained 
against  it.  Its  power  is  certainly  much  greater  in  France 
than  in  the  United  States ;  though  nothing  is  more  rare  in 
the  latter  country  than  to  hear  of  a  prosecution  being  insti- 
tuted against  it.  The  reason  of  this  is  perfectly  simple : 
the  Americans,  having  once  admitted  the  doctrine  of  the 
sovereignty  of  the  people,  apply  it  with  perfect  sincerity. 
It  was  never  their  intention  out  of  elements  which  are 
changing  every  day  to  create  institutions  which  should  last 
forever ;  and  there  is  consequently  nothing  criminal  in  an 
attack  upon  the  existing  laws,  provided  a  violent  infraction 
of  them  is  not  intended.  They  are  also  of  opinion  that 
courts  of  justice  are  powerless  to  check  the  abuses  of  the 
press ;  and  that,  as  the  subtilty  of  human  language  perpet- 
ually eludes  judicial  analysis,  offences  of  this  nature  some- 
how escape  the  hand  which  attempts  to  seize  them.  They 
hold  that,  to  act  with  efficacy  upon  the  press,  it  would  be 
necessary  to  find  a  tribunal,  not  only  devoted  to  the  exist- 
ing order  of  things,  but  capable  of  surmounting  the  influ- 
ence of  public  opinion ;  a  tribunal  which  should  conduct 
its  proceedings  without  publicity,  which  should  pronounce 
its  deci.  -J  witliout  assigning  its  motives,  and  punish  the 
intentions,  even  more  than  the  language,  of  a  writer. 
Whoever  should  be  able  to  create  and  maintain  a  tribu- 
nal of  this  kind,  would  waste  his  time  in  prosecuting  the 
liberty  of  the  press ;  for  he  would  be  the  absolute  master 
of  the  whole  community,  and  would  be  as  free  to  rid  him- 
self of  the  authors  as  of  their  writings.  In  this  question, 
therefore,  there  is  no  medium  between  servitude  and 
license ;  in  order  to  enjoy  the  inestimable  benefits  which 
the  liberty  of  the  press  insures,  it  is  necessary  to  submit  to 
the  inevitable  evils  which  it  creates.  To  expect  to  acquire 
the  former,  and  to  escape  the  latter,  is  to  cherish  one  of 
those  illusions  which  commonly  mislead  nations  in  their 
times  of  sickness,  when,  tired  with  faction  and  exhausted 


LIBERTY  OF  THE  PRESS  IN  THE  UNITED  STATES.   235 


by  effort,  tlioy  attempt  to  make  hostile  opinions  and  con- 
trary principles  coexist  upon  the  same  soil. 

The  small  influence  of  the  American  journals  is  attrib- 
utahle  to  several  reasons,  amono;st  which  are  the  foUowinii. 

The  liberty  of  writing,  like  all  other  liberty,  is  most  for- 
midable when  it  is  a  novelty ;  for  a  people  who  have  never 
been  accustomed  to  hear  state  atfairs  discussed  before  them, 
place  im})licit  confidence  in  the  first  tribune  who  presents 
himself.  The  Anglo-Americans  have  enjoyed  this  liberty 
ever  since  the  foundation  of  the  Colonies ;  moreover,  the 
press  cannot  create  human  passions,  however  skilfully  it 
may  kindle  them  where  they  exist.  In  America,  political 
life  is  active,  varied,  even  agitated,  but  is  rarely  affected  by 
those  deep  passions  which  are  excited  only  when  material 
interests  are  impaired:  and  in  the  United  States,  these 
interests  are  prosperous.  A  glance  at  a  French  and  an 
American  newspaper  is  sufficient  to  show  the  difference 
which  exists  in  this  respect  between  the  two  nations.  In 
France,  the  space  allotted  to  commercial  advertisements  is 
very  limited,  and  the  news-intelligence  is  not  considerable  ; 
but  the  essential  part  of  the  journal  is  the  discussion  of  the 
politics  of  the  day.  In  America,  three  quarters  of  the 
enormous  sheet  are  filled  with  advertisements,  and  the  re- 
mainder is  frequently  occupied  by  political  intelligence  or 
trivial  anecdotes:  it  is  only  from  time  to  time,  that  one 
finds  a  corner  devoted  to  passionate  discussions,  like  those 
vhich  the  journalists  of  France  every  day  give  to  their 
readers. 

It  has  been  demonstrated  by  observation,  and  discovered 
by  the  sure  instinct  even  of  the  pettiest  despots,  that  the 
influence  of  a  power  is  increased  in  proportion  as  its  direc- 
tion is  centralized.  In  France,  the  press  combines  a  two- 
fold centralization ;  almost  all  its  power  is  centred  in  the 
same  spot,  and,  so  to  speak,  in  the  same  hands ;  for  its 
organs  are  far  from  numerous.     The  influence  of  a  public 


^IWI 


wis 


23G 


DEMOCRACY  IN  AMERICA. 


Ml 


I 


I  ,' 


i:l; 


";! 


lii  ! 


press  thus  constituted,  upon  a  sceptical  nation,  must  be  al- 
most unbounded.  It  is  an  enemy  with  whom  a  government 
may  sign  an  occasional  truce,  but  which  it  is  difficult  to 
resist  for  any  length  of  time. 

Neither  of  these  kinds  of  centrali/^ation  exists  in  Amer- 
ica. The  United  States  have  no  metropolis ;  the  intel- 
ligence and  the  power  of  the  people  are  disseminatetl 
through  all  the  parts  of  this  vast  country,  and  instead  of 
radiating  from  a  common  point,  they  cross  each  otlier  in 
every  direction  ;  the  Americans  have  nowliere  established 
any  central  direction  of  opinion,  any  more  than  of  the 
conduct  of  affairs.  This  difference  arises  from  local  cir- 
cumstances, and  not  from  human  power ;  but  it  is  owing 
to  the  laws  of  the  Union  that  there  are  no  licenses  to  be 
granted  to  printers,  no  securities  demanded  from  editors,  as 
in  France,  and  no  stamp  duty,  as  in  France  and.  Ejigland. 
The  consequence  is,  that  nothing  is  easier  than  to  set  up  a 
newspaper,  as  a  small  number  of  subscribers  suffices  to  de- 
fi'ay  the  expenses. 

Hence  the  number  of  periodical  and  semi-periodical  pub 
lications  in  the  U:'iited  States  is  almost  incredibly  large. 
The  most  enlijxhtened  Americans  attribute  the  little  in 
fluence  of  the  press  to  this  excessive  dissemination  of  its 
power ;  and  it  is  an  axiom  of  political  science  in  that  coun- 
try, that  the  only  Avay  to  neutralize  the  effect  of  the  public 
journals  is  to  multiply  their  mnnber.  I  cannot  see  how  a 
truth  which  is  so  self-evident  should  not  already  have  been 
more  generally  admitted  in  Europe.  I  can  see  why  the 
persons  who  hope  to  bring  about  revolutions  by  means  of 
the  press,  should  be  desirous  of  confining  it  to  a  few  power- 
fiil  organs ;  but  it  is  inconceivable  that  the  official  partisans 
of  the  existing  state  of  things,  and  the  natural  supporters 
of  the  laws,  should  attempt  to  diminish  the  influence  of  the 
press  by  concentrating  its  power.  The  governments  of 
Europe  seem  to  treat  the  press  with  the  courtesy  which 


i'  : 


'iiUL^ 


LIBERTY    OF   THE    TRESS   IN   THE    UNITED   STATES.       207 


llOW  a 

e  been 
liy  tlie 
;in.s  of 
)owei'- 

tisans 
)orters 

of  the 
its  of 
which 


the  kniiilits  of  old  showed  to  their  opponents ;  having 
found  from  tlieir  own  experience  that  centralization  is  a 
powerful  weapon,  they  have  furnislied  tlieir  enemies  with 
it,  in  order  doubtless  to  have  more  glory  for  overcoming 
them. 

In  America,  there  is  scarcely  a  hamlet  which  has  not  its 
newspaper.  It  may  readily  be  imagined,  that  neither  dis- 
cipline nor  unity  of  action  can  be  established  among  so 
many  combatants  ;  and  each  one  consequently  tights  under 
his  own  standard.  All  the  political  journals  of  the  United 
States  are,  indeed,  arrayed  on  the  side  of  the  administration 
or  against  it ;  but  they  attack  and  defend  it  in  a  thousand 
different  ways.  They  cannot  form  those  great  currents  of 
opinion  which  sweep  away  the  strongest  dikes.  This  di- 
vision of  the  influence  of  the  press  produces  other  conse- 
quences scarcely  less  remarkable.  The  fu  iUty  with  which 
newspapers  can  be  established  produces  a  multitude  of 
them ;  but  as  the  competition  prevents  any  considerable 
profit,  persons  of  much  cai)acity  are  rarely  led  to  engage  in 
these  undertakings.  Such  is  the  number  of  the  public 
prints,  that,  even  if  they  were  a  source  of  wealth,  writers 
of  ability  could  not  be  found  to  direct  them  all.  The  jour- 
nalists of  tlie  United  States  are  generally  in  a  very  humble 
position,  with  a  scanty  education  and  a  vulgar  turn  of 
mind.  The  will  of  the  majority  is  the  most  general  of 
laws,  and  it  establishes  certain  habits  to  which  every  one 
must  then  conform ;  the  assreo-ate  of  these  common  habits 
is  what  is  called  the  class-spirit  (esprit  de  corps)  of  each 
profession ;  thus  there  is  the  class-spirit  of  the  bar,  of  the 
court,  &c.  The  class-spirit  of  the  French  journalists  con- 
sists in  a  violent,  but  frequently  an  eloquent  and  lofty, 
manner  of  discussing  the  great  interests  of  the  state ;  and 
the  exceptions  to  this  mode  of  writing  are  only  occasional. 
The  characteristics  of  the  American  journalist  consist  in 
an  open  and  coarse  appeal  to  the  passions  of  his  readers ; 


ill 


M 


238 


DEMOCRACY  IN   AMERICA. 


i 


I  Jit  I 


m  « 


1 1 ' 


ho  abandons  principles  to  assail  the  characters  of  individ- 
uals, to  track  them  into  private  life,  and  disclose  all  their 
weaknesses  and  vices. 

Nothing  can  be  more  deplorable  than  this  abuse  of  the 
powers  of  thought ;  I  shall  have  occasion  to  point  out  here- 
after the  influence  of  the  newspapers  upon  the  taste  and 
the  morality  of  the  American  people ;  but  my  present  sub- 
ject exclusively  concerns  the  political  world.  It  cannot  be 
denied,  that  the  political  eflfects  of  this  extreme  license  of 
the  press  tend  indirectly  to  the  maintenance  of  public  or 
der.  The  individuals  who  already  stand  high  in  the  esteem 
of  their  fellow-citizens  are  afraid  to  write  in  the  newspa- 
pers, and  they  are  thus  deprived  of  the  most  powerful  in- 
strument which  they  can  use  to  excite  the  passions  of  the 
multitude  to  their  own  advantage.* 

The  personal  opinions  of  the  editors  have  no  weight  in 
the  eyes  of  the  public :  what  they  seek  in  a  newspaper  is  a 
knowledge  of  facts,  and  it  is  only  by  alteiing  or  distorting 
those  facts,  that  a  journalist  can  contribute  to  the  support 
of  his  own  views. 

But  although  the  press  is  limited  to  these  resources,  its 
influence  in  America  is  immense.  It  causes  political  life  to 
circulate  through  all  the  parts  of  that  vast  territory.  It» 
eye  is  constantly  open  to  detect  the  secret  springs  of  polit 
ical  designs,  and  to  summon  the  leaders  of  all  parties  in 
turn  to  the  bar  of  public  opinion.  It  rallies  the  interests 
of  the  community  round  certain  principles,  and  draws  up 
the  creed  of  every  party ;  for  it  affords  a  means  of  inter- 
course between  those  who  hear  and  address  each  other, 
without  ever  coming  into  immediate  contact.  When  many 
organs  of  the  press  adopt  the  same  line  of  conduct,  their 
influence  in  the  long  run  becomes  irresistible ;  and  public 

*  They  only  write  in  the  papers  when  they  choose  to  address  the  people 
in  their  o^^^^  name  ;  as,  for  instance,  when  they  are  called  upon  to  repel 
calumnious  imputations,  or  to  correct  a  misstatement  of  facts. 


1  I 


LIBERTY    OF   THE    TIMiSS    IX   THE    UNITED    STATES.       ioO 

oj)ini()n,  perpetually  assailed  from  the  same  side,  eveiituallv" 
yields  to  the  attack.  In  the  United  States,  eaeh  separate 
journal  exercises  but  little  authority ;  but  the  power  of  the 
periodical  press  is  second  only  to  that  of  the  people.* 


The  Opinions  established  in  the  United  States,  under  the  Influence  of  the 
Lilierty  of  the  Press,  arc  frequently  more  tinnly  rooted  than  those  wliich 
are  formed  elsewhere  under  the  ISunetioa  of  a  Censor. 

In  the  United  States,  the  democracy  perpetually  brinn;3 
new  men  to  the  conduct  of  public  affairs ;  and  the  ad- 
ministration consequently  seldom  preserves  consistency  or 
order  in  its  measures.  But  the  general  princii)les  of  the 
government  are  more  stable,  and  the  chief  opinions  which 
regulate  society  are  more  durable,  there  than  in  many  other 
countries.  When  once  the  Americans  have  taken  up  an 
idea,  whether  it  be  well  or  ill  founded,  nothing  is  more 
difficult  than  to  eradicate  it  from  their  minds.  The  same 
tenacity  of  ( ^ anion  has  been  observed  in  England,  where, 
for  the  last  century,  greater  freedom  of  thought  and  more 
invincible  prejudices  have  existed  than  in  any  other  coun- 
try of  Europe.  I  attribute  this  to  a  cause  Avhich  may,  at 
first  '^ight,  appear  to  have  an  opposite  tendency,  namely,  to 
the  liuerty  of  the  press.  The  nations  amongst  whom  this 
liberty  exists  cling  to  their  opinions  as  much  from  pride  as 
from  conviction.  They  cherish  them  because  they  hold 
them  to  be  just,  and  because  they  chose  them  of  their  own 
free  Avill ;  and  they  adhere  to  them,  not  only  because  they 
are  true,  but  because  they  are  their  OAvn.  Several  other 
reasons  conduce  to  the  same  end. 

It  was  remarked  by  a  man  of  genius,  that  "  ignorance 
lies  at  the  two  ends  of  knowledge."  Perhaps  it  would  have 
been  more  correct  to  say,  that  strong  convictions  are  found 
only  at  the  two  ends,  and  that  doubt  lies  in  the  middle. 

*  See  Appendix  P. 


t  iJ«E 


\l 


)) 


i  II 


i! 


Ki    ')!l 


II!  I 
i ' 

I 


i  i 


ii! 

V 

I. 


i  :f! 


240 


DKMOCRACY   IN   AMKKICA. 


Tlio  linnian  Intellect,  in  truth,  may  l)e  coiisuleri'd  In  three 
distinct  states,  which  fre(juently  succeed  one  anotlior. 

A  man  believes  firmly,  because  he  adopts  a  proposition 
■without  inquiry.  He  doubts  as  soon  as  objections  })resent 
themselves.  But  he  fre(iuently  succeeds  in  satisfying  these 
doid)ts,  and  then  he  begins  ajiain  to  believe.  This  time, 
he  has  not  a  dim  and  casual  glim})se  of  the  truth,  but  sees 
it  clearly  before  liim,  and  advances  by  the  light  it  gives.* 

AVhen  the  liberty  (jf  the  press  acts  upon  men  who  are  in 
the  first  of  these  three  states,  it  does  not  immediately  dis- 
turb their  habit  of  believing  imj)licitly  without  investigation, 
but  it  changes  every  day  the  objects  of  their  unreflecting 
convictions.  The  human  mind  continues  to  discern  but 
one  poijit  at  a  time  upon  the  whole  intellectual  horizon, 
and  tliat  point  is  constantly  changing.  This  is  the  j)eriod 
of  sudden  revolutions.  Woe  to  the  generations  which  first 
abruptly  adopt  the  freedom  of  the  press. 

The  cii'cle  of  novel  ideas,  however,  is  soon  travelled 
over.  Experience  comes  to  undeceive  men,  and  plunges 
them  into  doubt  and  general  mistrust.  We  may  rest 
assured  that  the  majority  of  mankind  will  always  stop  in 
one  of  these  two  states,  will  either  believe  they  know  not 
wherefore,  or  will  not  know  what  to  believe.  F'ew  are 
those  who  can  ever  attain  to  that  other  state  of  rational 
and  independent  conviction,  which  true  knowledge  can 
produce  out  of  the  midst  of  doubt. 

It  has  been  remarked  that,  in  times  of  great  religious 
fervor,  men  sometimes  change  their  religious  opinions ; 
whereas,  in  times  of  general  scepticism,  every  one  clings  to 
his  old  persuasion.  The  same  thing  takes  place  in  politics 
under  the  liberty  of  the  press.  In  countries  where  all  the 
theories  of  social  science  have  been  contested  in  their  turn, 

*  It  may,  liowever,  be  doubted  whether  this  rational  and  self-guiding  con- 
viction arouses  as  much  fervor  or  enthusiastic  devotedness  in  men,  as  their 
first  dogmatical  belief. 


I.II5KRTY    OF    Tin:    TRKSS   IN    THK    UNUKI)    STATKS.      241 

men  who  hii\c  iidoptcd  one  of  tlioiii  stick  to  it,  not  so 
much  bociiuso  thuy  uro  suro  of  its  triitli,  us  because  tliey 
are  not  sure  that  there  is  any  better  to  be  luid.  In  the 
present  a^e,  men  are  not  very  ready  to  die  for  tlieir  opin- 
ions, but  tliey  are  rarely  inclined  to  change  them ;  there 
are  tew  martyrs,  as  well  as  few  apostates. 

Another  still  more  valid  reason  may  be  adduced :  w  lien 
no  opinions  are  looked  upon  as  certain,  men  cliuff  to  the 
mere  instincts  and  material  interests  of  their  position, 
wliicli  are  naturally  more  tajigible,  dehnite,  and  permanent 
than  any  o})inions  in  the  world. 

It  is  a  very  difiicult  (juestion  to  decide,  whether  an  aris- 
tocracy or  a  democracy  governs  the  best.  But  it  is  certain 
that  democracy  annoys  one  part  of  the  community,  and 
that  aristocracy  oppresses  another.  It  is  a  truth  which  is 
self-established,  and  one  which  it  is  needless  to  discuss, 
that  "  you  are  rich  and  I  am  poor." 


n 


f*J 


V 

'I- 


Mo- 


^f 


242 


DEMOCRACY  IN   AMERICA. 


CHAPTER    XII. 

POLITICAL  ASSOCIATIONS  IN  THE  UNITED  STATES. 

Daily  Use  which  tho  Aii(;Io-Amoriciin8  tmiice  of  the  Ripht  of  Association.  — 
Tlircc  Kinds  of  I'olitical  Assoi'iations.  —  How  tlic  Americans  apply  the 
Representative  System  to  Associations.  —  I)an};er!j  resultinj;  to  the  State. 
—  Great  Convention  of  IS.'Jl  relative  to  the  Tarilf.  —  Lef^islative  Character 
of  this  Convention.  —  Why  tlie  unlimited  Exercise  of  the  Rijfht  of  As- 
sociation is  less  danjierous  in  the  United  States  .han  elsewhere.  —  Why 
it  may  be  looked  upon  as  necessary.  —  Utility  of  Associations  among  a 
democratic  People. 

IN  no  country  in  the  world  lias  the  principle  of  associa- 
tion beer  more  successfully  used,  or  ap])lied  to  a  jjjreater 
multitude  of  objects,  than  in  America.  Besides  the  per- 
manent associations,  which  are  established  by  law,  under 
the  names  of  townships,  cities,  and  counties,  a  vast  number 
of  others  are  formed  and  maintained  by  the  agency  of  pri- 
vate individuals. 

The  citizen  of  the  United  States  is  taught  from  infancy 
to  rely  upon  his  own  exertions,  in  order  to  resist  the  evils 
and  the  difficulties  of  life ;  he  looks  upon  the  social  author- 
ity with  an  eye  of  mistrust  and  anxiety,  and  he  claims  its 
assistance  only  when  he  is  unable  to  do  without  it.  This 
habit  may  be  traced  even  in  the  schools,  where  the  children 
in  their  games  are  wont  to  submit  to  rules  which  they  have 
themselves  established,  and  to  punish  misdemeanors  which 
they  have  themselves  defined.  The  same  spirit  pervades 
eveiy  act  of  social  life.  If  a  stoppage  occurs  in  a  thor- 
oughfare, and  the  circulation  of  vehicles  is  hindered,  the 
neighbors  immediately  form  themselves  into  a  deliberative 


1    '■:• 


PI! 


POLITICAL  ASSOCIATIONS  IN  THE  UXITKD   STATKS.      243 


assoc'ia- 


liody  ;  and  this  cxte'inporaiicous  ahsoml)Iy  gives  riso  to  aii 
executive  power,  whieli  remedies  the  iueoiiveuience  before 
anyl)ody  hiis  thought  of  recurring  to  a  pre-existing  autiior- 
ity  superior  to  tliat  of  tiie  persons  iunuediately  concerned. 
If  some  puUic  i)Ieasure  is  concerned,  an  association  is 
formed  to  give  more  sjilendor  and  I'eguhu'ity  to  tlie  enter- 
tainment. Societies  are  formed  to  ri'sist  evils  wlu(;li  are 
exclusively  of  a  moral  nature,  as  to  (limini>h  the  vice  of 
intempi-rance.  In  the  United  States,  associations  are  es- 
tablished to  promote  the  public  sal'ety,  coinnicrce,  industry, 
morality,  and  religion.  There  is  no  end  which  the  human 
Avill  despairs  of  attaining  through  the  combined  power  of 
individuals  united  into  a  society. 

I  shall  have  occasion  hereafter  to  show  the  effects  of 
asscw'iation  in  civil  life ;  I  confine  myself  for  the  present  to 
the  political  world.  When  once  the  right  of  association  is 
recognized,  the  citizens  may  use  it  in  different  ways. 

An  association  consists  simply  in  the  public  assent  which 
a  number  of  individuals  give  to  certain  doctrines ;  and  in 
the  engagement  which  they  contract  to  promote  in  a  cer- 
tain manner  the  s})read  of  those  doctrines.  The  right  of 
associating  with  such  views  is  very  analogous  to  the  liberty 
of  unlicensed  printing ;  but  societies  thus  formed  possess 
more  authority  than  the  press.  When  an  opinion  is  rep- 
resented by  a  society,  it  necessarily  assumes  a  more  exact 
and  explicit  form.  It  numbers  its  partisans,  and  compro- 
mises them  in  its  cause :  they,  on  the  other  hand,  become 
acquainted  with  eacl  other,  and  their  zeal  is  increased  by 
their  number.  An  association  unites  into  one  channel  the 
efforts  of  diverging  minds,  and  urges  them  vigorously 
towards  the  one  end  which  it  clearly  points  out. 

The  second  decree  in  the  exercise  of  the  right  of  asso- 
ciation  is  the  power  of  meeting.  When  an  association  is 
allowed  to  establish  centres  of  action  at  certain  important 
points  in  the  country,  its  activity  is  increased,  and  its  in- 


244 


DEMOCRACY  IN   AMERICA. 


|: 


liil' 


Ih   '■'; 


iiii 


J'  f^ 


fliionce  cxtendod.  Men  have  the  oppoi'tunity  of  seeing 
each  other ;  means  of  execution  are  combined  ;  and  opin- 
ions are  maintained  with  a  warmth  and  energy  which 
written  huimia<j!;e  can  never  attain. 

Lastly,  in  the  exercise  of  the  right  of  pohtical  associa- 
tion, there  is  a  tliird  degree :  the  partisans  of  an  opinion 
may  unite  in  electoral  bodies,  and  choose  delegates  to  repre- 
sent them  in  a  central  assembly.  This  is,  properly  speak- 
ing, the  application  of  the  representative  system  to  a  party. 

Thus,  in  the  first  instance,  a  society  is  formed  between 
individuals  professing  the  same  opinion,  and  the  tie  which 
keeps  it  together  is  of  a  purely  intellectual  nature.  In  the 
second  case,  small  assemblies  are  formed,  which  represent 
only  a  fraction  of  the  party.  Lastly,  in  the  third  case, 
they  constitute,  as  it  Avere,  a  separate  nation  in  the  midst 
of  the  nation,  a  government  witlnn  the  government. 
Their  delegates,  like  the  real  delegates  of  the  majority, 
represent  the  whole  collective  force  of  their  party ;  and, 
like  them,  also,  have  an  appearance  of  nationality  and  all 
the  moral  power  which  results  from  it.  It  is  true  that 
they  have  not  the  right,  like  the  others,  of  making  the 
laws  ;  but  they  have  the  power  of  attacking  those  which 
are  in  force,  and  of  drawing  up  beforehand  those  which 
ought  to  be  enacted. 

If,  among  a  people  who  are  imperfectly  accustomed  to 
the  exercise  of  freedom,  or  are  exposed  to  violent  political 
passions,  by  the  side  of  the  majority  who  make  the  laws 
be  placed  a  minority  who  only  deliberate  and  get  laws 
ready  for  adoption,  I  cannot  but  believe  that  public  tran- 
quillity would  there  incur  very  great  risks.  There  is 
doubtless  a  wide  difference  between  proving  that  one  law 
is  in  itself  better  than  another,  and  proving  that  the  former 
ought  to  be  substituted  for  the  latter.  But  the  imagina- 
tion of  the  multitude  is  very  apt  to  overlook  this  differ- 
ence, which  is  so  apparent  to  the  minds  of  thinking  men. 


ii; 


:;i,h 


POLITICAL   ASSOCIATIONS   IN   THE   UNITED    STATES.      245 


It  somotimos  linppens  that  a  nation  is  divided  into  two 
nearly  e(|ual  parties,  each  of  whieli  affects  to  represent  tlie 
majority.  If,  near  the  directing  power,  anotlier  power  he 
estahlished,  wliich  exercises  ahiiost  as  mncli  moral  autlior- 
ity  as  tlie  former,  we  are  not  to  fjelieve  that  it  will  long  he 
content  to  speak  without  acting  ;  or  that  it  will  always  he 
restrained  hy  the  ahstract  consideration  that  associations 
are  meant  to  direct  opinions,  but  not  to  enforce  them, — 
to  suggest,  hut  not  to  make,  the  laws. 

The  more  I  consider  tlie  indejiendence  of  tlie  press  in  its 
princii)al  consequences,  the  more  am  I  convinced  that,  in 
the  modern  world,  it  is  the  chief,  and,  so  to  speak,  the  con- 
stitutive element  of  liherty.  A  nation  which  is  deterniiiied 
to  remain  free  is  therefore  riglit  in  dem.anding,  at  any  })rice, 
the  exercise  of  this  independence.  But  tlie  unUmifed  lil>- 
crty  of  political  association  cannot  be  entirely  assimilated 
to  the  liberty  of  the  press.  The  one  is  at  the  same  tim*^  less 
necessary,  and  more  dangerous,  than  the  other.  A  nation 
may  confine  it  Avithin  certain  limits  without  forfeiting  any 
part  of  its  self-directing  power ;  and  it  may  sometimes  bo 
obliged  to  do  so,  in  order  to  maintain  its  own  authority. 

In  America,  the  liberty  of  association  for  political  pur- 
poses is  unlimited.  An  example  will  show  in  the  clearest 
light  to  what  an  extent  this  privilege  is  tolerated. 

The  question  of  a  tariff  or  free  trade  has  much  agitated 
the  minds  of  Americans.  The  tariff  was  not  only  a  sub- 
ject of  debate  as  a  matter  of  opinion,  but  it  affected  some 
great  material  interests  of  the  States.  The  North  attrib- 
uted a  portion  of  its  prosperity,  and  the  South  nearly  all 
its  sufferings,  to  this  system.  For  a  long  time,  the  tariff 
was  the  sole  source  of  the  political  animosities  which  agi- 
tated the  Union. 

In  1831,  when  the  dispute  was  raging  with  the  greatest 
violence,  a  private  citizen  of  Massachusetts  proposed,  liy 
means  of  the  newspapers,  to  all  the  enemies  of  the  tai'ilV, 


HI 


|i.if 


1 1' 


ill 


24G 


DEMOCRACY  IN  AMERICA. 


.   I 


m 


i 


1 1  M 


m'  V 


to  send  (It>len;ates  to  Philadelphia,  in  order  to  consult  to- 
gether upon  the  best  means  of  restoring  freedom  of  trade. 
This  proposal  circulated  in  a  few  days,  by  the  power  of  the 
press,  from  IMaine  to  New  Orleans :  the  opponents  of  the 
tariff  adopted  it  with  enthusiasm ;  meetings  were  held  in 
all  quarters,  and  delegates  were  appointed.  The  majority 
of  these  delegates  were  well  known,  and  some  of  them 
had  earned  a  considerable  degree  of  celebrity.  South  Car- 
olina alone,  which  afterwards  took  up  arms  in  the  same 
cause,  sent  sixty-three  delegates.  On  the  1st  of  October, 
1831,  this  assembly,  which,  according  to  the  American 
custom,  had  taken  the  name  of  a  Convention,  met  at  Phil- 
adelphia ;  it  consisted  of  more  than  two  hundred  members. 
Its  debates  were  public,  and  they  at  once  assumed  a  legis- 
lative character ;  the  extent  of  the  powers  of  Congress, 
the  theories  of  free  trade,  and  the  different  provisions  of 
the  tariff  were  discussed.  At  the  end  of  ten  days,  the 
Convention  broke  up,  having  drawn  up  an  address  to  the 
American  people,  in  which  it  declared:  —  1.  That  Con- 
gress had  not  the  right  of  making  a  tariff,  and  that  the  ex- 
isting tariff  was  unconstitutional.  2.  That  the  prohibition 
of  free  trade  was  prejudicial  to  the  interests  of  any  nation, 
and  to  those  of  the  American  people  especially. 

It  must  be  acknowledged  that  the  unrestrain  'I  liberty 
of  political  association  has  not  hitherto  produced,  in  the 
United  States,  the  fatal  results  which  might  perhaps  be 
expected  from  it  elsewhere.  Tlie  right  of  association  was 
imjjorted  from  England,  and  it  has  always  existed  in 
America;  the  exercise  of  this  privilege  is  now  incorpo- 
rat'^d  with  the  manners  and  customs  of  the  j><'0[)le.  At 
the  present  time,  the  liberty  of  association  has  become  a 
necessary  guaranty  against  the  tyranny  of  the  majority. 
In  the  United  States,  as  soon  as  a  party  has  become  dom- 
inant, all  public  authority  passes  into  its  hands :  its  private 
supporters  occupy  all  the  offices,  and  have  all  the  force  of 


■ft 


POLITICAL   ASSOCIATIONS   IN    ITIE   UNITED   STATES.      247 


the  administration  at  their  disposal.  As  the  most  distin- 
gnislu'd  members  of  the  opposite  party  cannot  surmount 
tlie  l)arrier  which  exckides  them  from  power,  tliey  must 
estahlish  themselves  outside  of  it,  and  oppose  tlie  whole 
moral  authority  of  the  minority  to  the  j^liysical  power 
which  domineers  over  it.  Thus  a  dangerous  expedient  is 
used  to  (jbviate  a  still  more  formidable  dano;er. 

The  omnipotence  of  the  majority  appears  to  me  to  be  so 
full  of  peril  to  the  American  republics,  that  the  dangerous 
means  used  to  bridle  it  seem  to  be  more  advantageous  tlian 
prejudicial.  And  here  I  will  express  an  opinion  which 
mav  remind  the  reader  of  wdiat  I  said  when  speakino-  of 
tlie  freedom  of  townships.  There  are  no  countries  in 
Avhich  associations  are  more  needed,  to  prevent  the  despot- 
ism of  faction  or  the  arbitraiy  power  of  a  prince,  than 
those  which  are  democratically  constituted.  In  aristocratic 
nations,  the  body  of  the  nobles  and  the  wealthy  are  in 
themselves  natural  associations,  which  check  the  abuses  of 
power.  In  countries  where  such  associations  do  not  exist, 
if  private  individuals  cannot  create  an  artificial  and  tem])o- 
rary  substitute  for  them,  I  can  see  no  permanent  })rotection 
against  the  most  galling  tyranny  ;  and  a  great  people  may 
be  oppressed  with  impunity  by  a  small  faction,  or  by  a 
sino;le  individual. 

The  meeting  of  a  great  political  convention,  ffor  +Jk  re 
are  conventions  of  all  kinds,)  which  may  frequently  bei-orrie 
a  necessary  measure,  is  always  a  serious  occurrence,  r'von  in 
America,  and  one  which  judicious  patriots  canii'  !"  regard 
without  alarm.  This  was  very  percej)tible  in  tlie  r()nven- 
tion  of  1881,  at  which  all  the  most  distinguished  members 
strove  to  moderate  its  language,  and  to  restrain  its  objects 
within  certain  limits.  It  is  probable  that  this  Convention 
exercised  a  great  influence  on  the  minds  of  the  malcon- 
tents, and  prepared  them  for  the  open  revolt  against  the 
commercial  laws  of  the  Union  which  took  place  in  1832. 


I     '  il. 


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■  1  !■'! 

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248 


DEMOCRACY   IN   AMKHICA. 


It  cannot  Lo  denied  that  the  unrestrained  liherty  of  asso- 
ciation for  political  purposes  is  the  privilege  whicli  a  people 
is  longest  in  learnino;  how  to  exercise.  If  it  does  not 
throw  the  nation  into  anarchy,  it  perpetually  augments  the 
chances  of  that  calamity.  On  one  point,  however,  this 
]:)orilous  liberty  offers  a  security  against  dangers  of  another 
kind ;  in  countries  where  associations  are  free,  secret  soci- 
eties are  unknown.  In  America,  there  are  factions,  but  no 
conspiracies. 

Different  Ways  in  wliieh  the  Right  of  Association  is  understood  in  Europe 
and  in  the  United  States.  —  Different  Use  which  is  made  of  it. 

The  most  natural  privilege  of  man,  next  to  the  riglit  of 
acting  for  himself,  is  that  of  combininci:  his  exertions  with 
those  of  his  fellow-creatures,  and  of  actino;  in  common 
with  them.  The  right  of  association  therefore  apj)ears  to 
me  almost  as  inalienable  in  its  nature  as  the  riglit  of  per- 
sonal liberty.  No  legislator  can  attack  it  without  im})airing 
the  foundations  of  society.  Nevertheless,  if  the  liberty 
of  association  is  only  a  source  of  advantage  and  pros])erity 
to  some  nations,  it  may  be  perverted  or  carried  to  excess 
by  others,  and  from  an  element  of  life  may  be  changed 
into  a  cause  of  destruction.  A  comparison  of  the  differ- 
ent methods  which  associations  pursue,  in  those  countries 
in  which  liberty  is  well  understood,  and  in  those  where 
liberty  degenerates  into  license,  may  be  useful  both  to  gov- 
ernments and  to  parties. 

Most  Europeans  look  upon  association  as  a  weapon 
which  is  to  be  hastily  fashioned,  and  immediately  tried  in 
the  conflict.  A  society  is  formed  for  discussion,  but  the 
idea  of  impending  acti(m  prevails  in  tlie  minds  of  all  those 
who  constitute  it.  It  is,  in  fact,  an  army ;  and  the  time 
given  to  speech  serves  to  reckon  up  the  strength  and  to 
animate  the  courage  of  the  host,  after  which  they  march 


POLITICAL   ASSOCIATIONS  IN   THE  UNITED   STATES.      240 

against  the  enemy.  Resources  which  He  -within  the  homifls 
of  law  may  suggest  themselves,  to  the  persons  who  com- 
pose it,  as  means,  but  never  as  tlie  only  means,  of  success. 

Such,  however,  is  not  the  manner  in  whicli  the  right  of 
association  is  understood  in  the  United  States.  In  Amer- 
ica, tlie  citizens  who  form  the  minority  associate,  in  order, 
first,  to  show  their  numerical  strength,  and  so  to  diminish 
the  moral  power  of  the  majority  ;  and,  secondly,  to  stimu- 
late competition,  and  thus  to  discover  those  arguments 
which  are  most  fitted  to  act  upon  the  majority :  for  they 
ahvays  entertain  hopes  of  drawing  over  the  majority  to 
their  own  side,  and  then  disposing  of  the  supreme  power  in 
its  name.  Political  associations  in  the  United  States  are 
therefore  peaceahle  in  their  intentions,  and  strictly  legal  in 
the  means  whicli  they  employ;  and  they  assert  with  ])erfect 
truth,  that  they  aim  at  success  only  Ly  lawful  expedients. 

The  difference  which  exists  in  this  respect  between 
Americans  and  Europeans  depends  on  several  causes.  In 
Europe,  there  are  parties  which  differ  so  much  from  the 
majority,  that  they  can  never  liope  to  acquire  its  support, 
and  yet  they  think  they  are  strong  enough  in  themselves 
to  contend  against  it.  When  a  party  of  this  kind  forms  an 
association,  its  object  is,  not  to  convince,  but  to  fight.  In 
America,  the  individuals  who  liold  opinions  nuich  opposed 
to  those  of  the  majority  can  do  nothing  against  it ;  ami  all 
otlier  parties  hope  to  win  it  oxer  to  their  own  principles. 
The  exercise  of  tb-  iio;ht  of  association  becomes  dangerous, 
then,  in  proportion  as  great  parties  find  themselves  wholly 
unable  to  acquire  the  majority.  In  a  country  like  the 
United  States,  in  which  the  differences  of  o])inion  are 
mere  diflferences  of  hue,  the  right  of  association  may  re- 
main unrestrained  without  evil  consequences.  Our  inex- 
perience of  liberty  leads  us  to  regard  the  liberty  of  associa- 
tion only  as   a  right  of  attacking  the  government.     The 

first  notion  which  })resents  itself  to  a  party,  as  well  as  to 
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250 


DEMOCRACY  IN  AMERICA. 


an  individual,  when  it  has  acquired  a  consciousness  of  its 
own  strength,  is  that  of  violence :  the  notion  of  persuasion 
arises  at  a  later  period,  and  is  derived  from  exj)erience. 
The  English,  who  are  divided  into  parties  which  differ  es- 
sentially from  each  other,  rarely  abuse  the  right  of  associa- 
tion, because  they  have  long  been  accustomed  to  exercise 
it.  In  France,  the  passion  for  war  is  so  intense,  that  there 
is  no  undertaking  so  mad,  or  so  injurious  to  the  welfare  of 
the  state,  that  a  man  does  not  consider  himself  honored  in 
defendino;  it  at  the  risk  of  his  life. 

But  perhaps  the  most  powerful  of  the  causes  which  tend 
to  mitigate  the  violence  of  political  associations  in  the 
United  States  is  universal  suffrage.  In  countries  in  Avhich 
universal  suffrage  exists,  the  majority  is  never  doubtful, 
becau-c  neither  party  can  reasonably  pretend  to  represent 
th:it  }  ,>rt  (iU  of  the  community  which  has  not  voted.  The 
qssiJciatioTis  know  as  well  as  the  nation  at  large,  that  they 
do  ni!t  rf;j>resent  the  majority.  This  results,  indeed,  from 
the  voy  ■  :  't  of  their  existence;  for  if  tliey  did  represent 
the  pre|.:-!!derating  power,  they  would  change  the  law  in- 
stead of  soliciting  its  reform.  The  consequence  of  this  is, 
that  the  moral  influence  of  the ,  government  which  they 
attack  is  much  increased,  and  their  own  power  is  much 
enfeebled. 

In  Europe,  there  are  few  associations  which  do  not  affect 
to  re])resent  the  majority,  or  which  do  not  believe  that  they 
represent  it.  This  conviction  or  this  pretension  tends  to 
augment  their  force  amazingly,  and  contributes  no  less  to 
legalize  their  meosares.  Violence  may  seem  to  be  ex- 
cus!  ble,  in  defence  of  the  cause  of  oppressed  right.  Thus 
it  is,  in  the  vast  comphcation  of  ]mm;u  laws,  that  extreme 
liberty  sometimes  corrects  the  abuses  of  liberty,  and  that 
extreme  democracy  obviates  t!)e  dangers  of  democracy. 
In  Europe,)  associirtions  consider  themselves,  in  some  de- 
gree, as  the  legislative  and  executive  council  of  the  people, 


POLITICAL   ASSOCTATIOXS   IN   THE   T'NITF.D   STATES.      2")1 


wliieli  is  unal)le  to  speak  for  itself;  moved  l)y  this  lK>lief, 
tliev  aet  and  they  command.  In  America,  wliere  they 
represent  in  tlie  eyes  of  all  only  a  minority  of  the  nation, 
thev  argue  and  petition. 

The  means  which  associations  in  Europe  employ,  are  in 
accordance  with  the  end  which  they  propose  to  obtain. 
As  the  princi])al  aim  of  these  bodies  is  to  act,  and  not  to 
debate,  to  fio;ht  rather  than  to  convince,  thev  are  naturally 
led  to  adopt  an  organization  which  is  not  civic  and  peace- 
able, but  partakes  of  the  habits  and  maxims  of  mihtary 
life.  They  centralize,  also,  the  direction  of  their  forces  as 
much  as  possible,  and  intnist  the  power  of  the  whole  party 
to  a  small  number  of  leaders. 

The  members  of  these  associations  respond  to  a  watch- 
word, like  soldiers  on  duty ;  they  profess  the  doctrine  of 
passive  obedience ;  say  rather,  that  in  uniting  together  they 
at  once  abjure  the  exercise  of  their  own  judgment  and  free 
will :  and  the  tyrannical  control  which  these  societies  exer- 
cise, is  often  far  more  insupportable  than  the  authority  pos- 
sessed over  society  by  the  government  which  they  attack. 
Their  moral  force  is  much  diminished  by  these  proceedings, 
and  they  lose  the  sacred  character  which  always  attaches 
to  a  struggle  of  the  oppressed  against  their  oppressors.  He 
who  in  given  cases  consents  to  obey  his  fellows  with  ser- 
vility, and  who  submits  his  will,  and  even  his  thoughts,  to 
tlieir  control,  how  can  he  pretend  that  he  wishes  to  be  free  ? 

The  Americans  have  also  estabHshed  a  gOMH'nment  in 
their  associations,  but  it  is  invariably  borrowed  fi'om  the 
forms  of  the  civil  administration.  Th'^  independence  of 
each  individual  is  formally  recognized ;  as  in  society,  all  the 
members  advance  at  the  same  time  towards  the  same  end ; 
but  thev  are  not  all  oblio;ed  to  follow  the  same  track.  No 
one  abjures  the  exercise  of  his  reason  and  fr^e  will  ;  but 
every  one  exerts  that  reason  and  will  to  promote  a  common 
undertakino". 


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DEMOCRACY  IN   AMERICA. 


li 


CHAPTER  XIII. 


GOVERNMENT  OF  THE  DEMOCRACY  IN  AMERICA. 


I  AM  well  aware  of  the  difficulties  which  attend  this 
part  of  my  siihject ;  but  although  every  expression 
which  I  am  about  to  use  may  clash,  upon  some  points, 
with  the  feeh'no;s  of  the  different  j)arties  which  divide  my 
country,  I  shall  still  speak  my  whole  thought. 

In  Europe,  we  are  at  a  loss  how  to  judge  the  true  char- 
acter and  the  permanent  instincts  of  democracy,  because 
in  Europe  two  conflicting  principles  exi^t,  and  we  do  not 
know  what  to  attribute  to  the  principles  themselves,  and 
what  to  the  passions  which  the  contest  produces.  Such, 
however,  is  not  the  case  in  America ;  there  the  people 
reign  without  impediment,  and  they  have  no  perils  to 
dread,  and  no  injuries  to  avenge.  In  America,  democracy 
is  given  up  to  its  own  propensities ;  its  course  is  natural, 
and  its  activity  is  unrestrained ;  there,  consequently,  its 
real  character  must  be  judged.  And  to  no  people  can  this 
inquiry  be  more  vitally  interesting  than  to  the  French 
nation,  who  are  blindly  driven  onwards,  by  a  daily  and 
irresistible  impulse,  towards  a  state  of  things  which  may 
prove  either  despotic  or  republican,  but  which  will  assur- 
edly be  democratic. 

UNIVERSAL   SUFFRAGE. 

I  HAVE  already  observed  that  universal  suffrage  has 
been  adopted  in  all  the  States  of   the  Union :  it  conse- 


GOVERNMENT  OF  THE  DEMOCRACY  IN  AMERICA.   253 

<iuently  exists  in  ooinmunities  which  oc('uj)y  very  different 
j)()sitions  in  the  social  scale.  I  have  had  o})portunitios  of 
ohservino;  its  effects  in  different  localities,  and  amonsst 
races  of  men  who  are  nearly  strangers  to  eacli  otlier  in 
their  language,  their  religion,  and  their  modes  of  life ;  in 
Louisiana  as  well  as  in  New  England,  in  Georgia  as  in 
Canada.  I  have  remarked  that  universal  suffrage  is  far 
from  producing  in  America  either  all  the  good  or  all  the 
evil  consequences  which  may  be  expected  from  it  in  En- 
rope,  and  that  its  effects  generally  difl'er  very  much  from 
those  which  are  attributed  to  it. 


THE   CHOICE   OF  THE    PEOPLE,    AND   THE   INSTINCTIVE   PREF- 
ERENCES   OF    THE    AMERICAN    DEMOCRACY. 


In  the  United  States,  the  ablest  Men  are  rarely  placed  at  the  Head  of  Affairs. 
—  Reason  of  this  Peculiarity.  —  The  Envy  which  prevails  in  the  lower 
Orders  of  France  against  the  higher  Classes  is  not  a  French,  but  a  purely 
democratic  Feeling.  — Wliy  the  most  distinguished  Men  in  America  fre- 
quently seclude  themselves  from  public  Affairs. 

Many  people  in  Europe  are  apt  to  believe  without  say- 
ing it,  or  to  say  without  believing  it,  that  one  of  the  great 
advantages  of  universal  suffrage  is,  that  it  intrusts  the 
direction  of  affairs  to  men  who  are  worthy  of  the  public 
confidence.  They  admit  that  the  people  are  unable  to 
govern  of  themselves,  but  they  aver  that  the  people  always 
wish  the  welfare  of  the  state,  and  instinctively  designate 
those  who  are  animated  by  the  same  good  wishes,  and  who 
are  the  most  fit  to  wield  the  supreme  authority.  I  confess 
that  the  observations  I  made  in  America  by  no  means  coin- 
cide with  these  opinions.  On  my  arrival  in  the  United 
States,  I  was  surprised  to  find  so  much  distinguished  talent 
among  the  subjects,  and  so  little  among  the  heads  of  the 
government.  It  is  a  constant  fact,  that,  at  the  present  day, 
the  ablest  men  in  the  United  States  are  rarely  placed  at  the 


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DEMOCRACY   IN   AMERICA. 


lu'iid  of  affairs ;  jind  it  must  be  acknowled^od  tliat  such 
has  been  the  result,  in  projiortiun  as  democracy  has  out- 
stcjjped  all  its  former  limits.  The  race  of  American  states- 
men has  evidently  dwindled  most  remarkably  in  the  course 
of  the  last  fifty  years. 

Several  causes  may  be  assigned  for  this  phenomenon. 
It  is  impossible,  after  the  most  strenuous  exertions,  to 
raise  the  intelligence  of  the  people  above  a  certain  level. 
Whatever  may  be  the  facilities  of  ac(piiring  information, 
whatever  may  be  the  profusion  of  easy  methods  and  cheap 
science,  the  human  mind  can  never  be  instructed  and 
developed  without  devoting  considerable  time  to  these 
)bjects. 

The  greater  or  the  less  possibility  of  subsisting  without 
labor  is  therefore  the  necessary  boundary  of  intellectual 
inij)rovement.  This  boundary  is  more  remote  in  some 
countries,  and  more  restricted  in  others ;  but  it  nnist  exist 
somewhere,  as  long  as  the  peojile  are  constrained  to  work 
in  order  to  procure  the  means  of  subsistence,  that  is  to  say, 
as  long  as  they  continue  to  be  the  ])eople.  It  is  therefore 
quite  as  difficult  to  imag'ae  a  state  in  which  all  the  citizens 
should  be  ^ery  well  informed,  as  a  state  in  which  they 
should  all  be  wealthy ;  tliese  two  difficulties  are  correlative. 
I  readily  admit  that  the  mass  of  the  citizens  sincerely  wish 
to  promote  the  welfare  of  the  country ;  nay,  more,  I  even 
allow  that  the  lower  classes  mix  fewer  considerations  of 
personal  interest  with  their  patriotism  than  the  higher 
orders ;  but  it  is  always  more  or  less  difficult  for  them  to 
discern  the  best  means  of  attaining  the  end  which  they 
sincerely  desire.  Long  and  patient  observation  and  much 
acquired  knowledge  are  requisite  to  form  a  just  estimate  of 
the  character  of  a  single  individual.  Men  of  the  greatest 
genius  often  fiiil  to  do  it,  and  can  it  be  supposed  that  the 
vulgar  will  always  succeed  ?  The  people  have  neither  the 
time  nor  the  means  for  an  investigation  of  this  kind.    Their 


GOVKliNMKNT   OF   TIIK   DEMOCRACY   IN   AMKUICA.        1^55 


conclusions  are  liastily  fonned  I'roni  a  suj)orH('iul  insj)octi()U 
of  the  nioru  })r()niint'nt  features  of  a  ([uostion.  Hence  it 
often  ha^jpens  that  niomitebanks  of  all  sorts  are  able  to 
please  the  j)e()|)le,  wiiilst  their  truest  friends  frc([uently 
fail   to  gain  their  confidi'nce. 

ISIoreover,  the  democracy  not  only  lack  that  soundness 
of  judgment  ^vhicll  is  necessary  to  select  men  really  de- 
servino;  of  their  confidence,  but  often  have  not  the  desire 
or  tJif  inclination  to  find  them  out.  It  caimot  be  denied 
that  democratic  institutions  strongly  tend  to  promote  the 
feeling  of  envy  in  the  human  heart ;  not  so  i  h  because 
they  afford  to  every  one  the  means  of  rising  >*  tiie  same 
level  Avith  others,  as  because  those  means  per}>etually  disap- 
point the  persons  who  emi)loy  them.  Democratic  institutions 
awaken  and  foster  a  passion  for  equality  which  they  can 
never  entirely  satisfy.  This  complete  equality  eludes  the 
grasp  of  the  people  at  the  very  moment  when  they  think 
they  have  grasped  it,  and  "  flies,"  as  Pascal  says,  "  with  an 
eternal  flight " ;  the  peo])le  are  excited  in  the  pursuit  of 
an  adA'antage,  which  is  more  precious  because  it  is  not  suf- 
ficiently remote  to  be  unknown,  or  sufficiently  near  to  be 
enjoyed.  The  lower  orders  are  agitated  by  the  chance  of 
success,  they  are  irritated  by  its  uncertainty ;  and  they 
pass  from  the  enthusiasm  of  pursuit  to  the  exhaustion  of 
ill-success,  and  lastly  to  the  acrimony  of  disapi)ointment. 
Whatever  transcends  their  own  limits  appears  to  be  an  ob- 
stacle to  their  desires,  and  there  is  no  superiority,  however 
le^^  timate  it  may  be,  which  is  not  irksome  in  their  sight. 

It  has  been  supposed  that  the  secret  instinct,  which  leads 
the  lower  orders  to  remove  their  superiors  as  much  as  pos- 
sible from  the  direction  of  public  affairs,  is  peculiar  to 
France.  This,  however,  is  an  error ;  the  instinct  to  which 
I  allude  is  not  French,  it  is  democratic  ;  it  may  have  been 
heightened  by  peculiar  political  circumstances,  but  it  owes 
its  origin  to  a  higher  cause. 


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DKMOCRACY   IN   AilKKICA. 


In  tilt'  United  States,  tlio  j)('oj)lo  do  not  liato  the  ]ii<j;lier 
classes  of  society,  but  are  not  favorably  inclined  towards 
tlu  in,  and  carefully  exclude  them  from  the  exercise  of  au- 
thority. 'J'hey  do  not  dread  distinguished  talents,  but  are 
rari'ly  fond  of  them.  In  <j;eneral,  every  one  who  rises 
without  their  aid  seldom  obtains  their  favor. 

AVhilst  the  natural  instincts  of  democracy  induce  the 
])eoj)le  to  ri'ject  distinguislied  citizens  as  their  rulers,  an 
instinct  not  less  strouij  induces  able  men  to  retire  from  the 
political  arena,  in  Avhich  it  is  so  difficult  to  retain  their 
inde})endence,  or  to  advance  without  becomin<i;  servile. 
This  opinion  has  been  candidly  expressed  by  Chancellor 
Kent,  who  says,  in  speaking  with  high  praise  of  that  part 
of  the  Constitution  which  empowers  the  executive  to  nom- 
inate the  judges  :  "  It  is  indeed  probable  that  the  mi'U  who 
are  best  fitted  to  discharge  the  duties  of  this  hii-h  office 
would  have  too  much  reserve  in  their  manners,  and  too 
much  austerity  in  their  jn'inciples,  for  them  to  be  returned 
by  the  majority  at  an  election  where  universal  suffrage  is 
adopted."  Such  were  the  opinions  which  were  printed 
without  contradiction  in  America  in  the  year  I80O  ! 

I  hold  it  to  be  sufficiently  demonstrated,  that  universal 
suffrage  is  by  no  means  a  guaranty  of  the  wisdom  of  the 
popular  choice.  AVliatever  its  advantages  may  be,  tliis  is 
not  one  of  them. 


I:;l 


GOVKUNMF.NT    OF   TlIK    DKNKJCHACY   IN    AMKIMCA. 


OAUSKS    WllU'H    MAY    I'AHTI.Y     COKUKCT    THK.SF     TJ;NI)KN(  1K3 

OF    THK    DEMOCRACY. 


Contrary  Elll-cts  produced  on  Nati(»ns  as  on  Individiuils  \>y  f,'rcat  Dan^'ors. 
—  Why  so  many  distiii^,niisli('d  -Men  stood  at  flic  Head  of  AHiiirs  in 
America  fifty  Years  apt.  —  Iiitiuciicc  wliicli  Intc!ii;:<'ncc  and  Morality 
exercise  upon  the  popular  Choice.  —  F.xamjile  of  New  l'',n_i:lund.  — States 
of  the  Southwest.  —  How  certain  Laws  intiiu'iice  the  Choice  of  the  IVo- 
j)le.  —  Fileetiou  hy  an  elected  Body.  —  Its  Fltlccts  upon  the  Composition 
of  the  Senate. 

WiiF.N'  serious  (lnnn;t'rs  tliroatcn  tlie  stati>,  the  j)ec)[)le  fre- 
(piently  suereecl  in  selecting;  the  eitizens  who  are  tlie  most 
ahle  to  save  it.  It  has  been  observed  that  man  rari-ly  re- 
tains liis  customary  level  in  very  critical  circumstances  ;  lie 
rises  above,  or  sinks  below,  his  nsii;il  condition,  and  the 
same  tiling  is  true  of  nations.  Extreme  jierils  sometimes 
<|iit'iich  the  enertry  of  a  ])eoj>le,  instead  of  stiimdatinif  it ; 
they  exeite,  without  direetinn;  its  j)assi()ns  ;  and  instead  of 
clearinii,  they  confuse  its  powers  of  ))ercej)tion.  The 
Jews  f()uo;ht  and  killed  each  other  amid  the  smokiiiii;  ruins 
of  their  temple.  But  it  is  more  common,  both  with  na- 
tions and  individuals,  to  find  extraordinary  virtues  devel- 
o]u'd  from  the  very  imminence  of  the  danger.  Great 
chnracters  are  then  brouoht  into  relief,  as  the  edifices 
which  are  usiiallv  concealed  bv  the  jtIoo"^  of  niclit  are 
illuminated  b\-  the  rjlare  of  a  conflaoration.  At  those  dan- 
oerous  times,  genius  no  longer  hesitates  to  come  forward ; 
an<l  the  people,  alanned  by  the  j)erils  of  their  situation, 
buiT  their  envious  passions  in  a  short  oblivion.  Great 
names  may  tben  be  drawn  from  the  urn  of  election. 

I  have  already  observed,  that  the  American  statesmen 
of  the  present  day  are  very  interior  to  those  who  stood  at 
the  head  of  affairs  fifty  years  ap;o.  This  is  as  much  a 
consefjuence  of  the  circumstances,  as  of  the  laws,  of  the 
countrv.     Wlicn    America   was    strujxo-lina;    in    the    liish 

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258 


DKMOCRACY    IX   AMKHICA. 


cause  of  iii(lt'j)Cii(l('ncc,  to  throw  off'  the  yoke  of  another 
country,  and  when  it  was  about  to  uslier  a  now  nation  into 
tlie  world,  the  s})irits  of  its  inhabitants  were  roused  to  tlie 
liei^^lit  which  their  great  objects  required.  In  tliis  general 
excitement,  distinguished  men  were  ready  to  anticipate  tlie 
call  of  the  community,  and  the  people  clung  to  them  for 
support,  and  placed  them  at  their  head.  But  such  events 
are  rare ;  and  it  is  from  the  ordinary  course  of  affiiirs  that 
our  judgment  must  be  formed. 

If  passing  occurrences  sometimes  check  the  passions  of 
democracy,  the  intelligence  and  the  morals  of  the  commu- 
nity exercise  an  influence  on  them  which  is  not  less  power- 
ful, and  far  more  permanent.  This  is  very  perceptible  in 
the  United  States. 

In  New  England,  wliere  education  and  liberty  are  the 
daughters  of  morality  and  religion,  —  where  society  has  ac- 
quired age  and  stability  enough  to  enable  it  to  form  princi- 
ples and  hold  fixed  habits,  —  the  common  peoj)le  are  accus- 
tomed to  respect  intellectual  and  moral  su{)eriority,  and  to 
submit  to  it  without  com})laint,  although  they  set  at  naught 
all  those  privileges  which  wealth  and  birth  have  introduced 
among  mankind.  In  New  England,  consequently,  the  de- 
mocracy makes  a  more  judicious  choice  than  it  does  else- 
wliere. 

But  as  we  descend  toAvards  the  South,  to  those  States  in 
■which  the  constitution  of  society  is  more  recent  and  less 
strong,  where  instruction  is  less  general,  and  the  principles 
of  morality,  religion,  and  liberty  are  less  happily  combined, 
we  perceive  that  talents  and  virtues  become  more  rare 
among  those  who  are  in  authority. 

Lastly,  when  we  arrive  at  the  new  Southwestern  States, 
in  which  the  constitution  of  society  dates  but  from  yester- 
day, and  presents  only  an  agglomeration  of  adventurers 
and  speculators,  we  are  amazed  at  the  persons  who  are  m- 
vested  with  public  p.uthority,  and  we  are  led  to  ask  by  what 


GOVEKN.Mr.NT    UV   TMK    DK.MOCHACV    IN    AMKKILA.        2i')0 


torce,  iiuk'poiident  of  the  legislation  and  of  the  men  who 
(liri'ct  it,  the  state  can  be  protected  and  society  be  made  to 
flourisli. 

There  are  certain  laws  of  a  democratic  nature  which 
contribute,  nevertheless,  to  correct,  in  some  measure,  these 
dani^erous  tendencies  of  democracy.  ^n  ejitcrini;  the 
House  of  Representatives  at  Washino;ton,  one  is  struck 
bv  the  vulgar  demeanor  of  that  great  assembly.  ( )ften 
there  is  not  a  distin<iiiished  man  in  the  whole  number.  Its 
members  are  almost  all  obscure  individuals,  whoso  names 
brinir  no  associations  to  mind.  Thev  are  mostlv  villaire 
lawyers,  men  in  trade,  or  even  persons  belonging  to  the 
lower  classes  of  society.  In  a  country  in  which  education 
is  very  general,  it  is  said  that  the  represi-ntatives-of  tiie 
people  do  not  always  know  how  to  write  correctly. 

At  a  few  yards'  distance  is  the  door  of  the  Senate, 
which  contains  within  a  small  space  a  large  proportion  of 
the  celebrated  men  of  America.  Scarcely  an  individual  is 
to  be  seen  in  it  who  has  not  had  an  active  and  illustrious 
career:  the  Senate  is  com})Osed  of  eloquent  advocates,  dis- 
tinijuished  generals,  wise  mamstrates,  and  statesmen  of 
note,  whose  arsnunents  would  do  honor  to  the  most  re- 
markable  parliamentary  debates  of  Europe. 

How  comes  this  strange  contrast,  and  why  are  the  ablest 
citizens  found  in  one  assembly  rather  than  in  the  other? 
Why  is  the  former  body  remarkable  for  its  vulgar  elements, 
whilst  the  latter  seems  to  enjoy  a  monopoly  of  intelligence 
and  talent?  Both  of  these  assemblies  emanate  from  the 
])e<)ple ;  both  are  chosen  by  universal  sutfrage ;  and  no 
voice  has  hitherto  been  heard  to  assert,  in  America,  that 
the  Senate  is  hostile  to  the  interests  of  the  peo))le.  From 
what  cause,  then,  does  so  startling  a  difference  arise  ?  The 
only  reason  w^hich  apjiears  to  me  adequately  to  account 
for  it  is,  that  the  House  of  Representatives  is  elected  by 
the  people  directly,  while  the  Senate  is  elected  by  elected 


'4 


200 


DKMOCKACY    IN    AMKKllA. 


i' 


nil 


i'\ 


Itodit's.  Tlio  wlioli'  l)o(lv  of  tlie  citi/ens  name  tlio  lo<rislature 
of  t'ucli  State,  and  tlie  Fetleral  Constitntion  converts  tliese 
li'jiiislatuivs  into  so  many  electoral  botlies,  which  return  the 
members  oi'  the  Senate.  The  Senators  are  elected  by  an 
indirect  aj)|>lication  of  the  jtopular  vote:  for  the  legisla- 
tures which  aj)])oint  them  are  not  aristocratic  or  j»rivile<»;ed 
bodies,  which  elect  in  their  own  rioht ;  but  they  are  chosen 
by  the  totality  of  the  citizens  ;  they  are  generally  elected 
every  year,  and  new  mi'mbers  may  be  chosen  every  year 
enough  to  determine  the  Senatorial  ai)[)ointments.  But 
this  transmission  of  the  popular  autlu)rity  through  an  as- 
sembly of  chosen  men  operates  an  important  change  in  it, 
by  refining  its  discretion  and  improving  its  choice.  Men 
who  are  chosen  in  this  manner  accurately  represent  the 
majority  of  the  nation  which  governs  them  ;  but  they  rej> 
I'esent  only  the  elevated  thoughts  which  are  current  in  the 
conununity,  and  the  generous  propensities  which  prompt 
its  nobler  actions,  rather  than  the  petty  passions  which 
disturb,  or  the  vices  which  disirrace  it. 

The  time  must  come  when  the  American  republics  will 
be  obliged  more  frequently  to  introduce  the  j)lan  of  elec- 
tion by  an  elected  body  into  their  system  of  representation, 
or  run  the  risk  of  i)erishing  miserably  amongst  the  shoals 
of  democracy. 

I  do  not  hesitate  to  avow,  th.at  i  look  upon  this  pecuhar 
system  of  election  as  the  only  means  of  brinfjino;  the  exer- 
cise  of  political  power  to  the  level  of  all  classes  of  the  peo- 
ple. Those  who  hope  to  convert  this  institution  into  the 
exclusive  weapon  of  a  party,  and  those  who  fear  to  use  it, 
seem  to  me  to  be  equally  in  error. 


1.  i: 


M 


J  i!  \ 


i        !i 


ioi!;Islaturo 
crts  these 
eturn  tlie 
ted  l)y  an 
le  le<fisla- 
l)ri\ile«ji;ed 
ire  cliosen 
lly  elected 
very  year 
iits.  IJut 
Li'li  an  as- 
iige  in  it, 
ce.  Men 
•esent  the 
tliey  re})- 
3nt  in  the 
li  j)rompt 
ns  wliich 

bhcs  will 

I  of  olec- 

sentation, 

le  shoals 

peculiar 
le  exer- 
the  peo- 
into  the 
0  use  it, 


G0VEI{NM1:NT    of   THIC   DEMOCHACV    IX    AMKIIICA.        2(J1 


IN'IIX'KNCE    WHICH    THK    AMKKICAN    DKMOCUACY    HAH    KXKR- 
(I.SKI)    ON    THE    LAWS    RELATING    TO    ELECTIONS. 

Wliiii  Klcctions  nrt'  rare,  they  expose  tlie  State  to  a  violets  Crisis.  —  Wlirii 
they  are  frp<iuoiit,  they  keep  up  a  feverisli  Exriteinent.  —  The  Americans 
have  preferred  the  second  of  these  two  Kvils.  —  Miitaliility  of  the  Laws. 
—  Ui)inions  of  Hamilton,  Madison,  and  Jetlerson  on  this  Suiijeet. 

When  elections  recur  only  at  lon<^  intervals,  the  state  is 
exposed  to  violent  a<:;itation  every  time  they  take  ])lace. 
Parties  then  exert  themselves  to  the  utmost,  in  onU'r  to 
gain  a  prize  which  is  so  rarely  within  their  reach  ;  and  as 
the  evil  is  almost  irremediahle  for  the  candidates  who  tail, 
evervthino;  is  to  be  feared  from  their  disap])ointed  ambition. 
If,  on  the  other  hand,  the  Ico-al  stnioole  is  soon  to  .be  re- 
peated, the  defeated  parties  take  patii'uce. 

When  elections  occur  frequently,  their  recurrence  keeps 
society  in  a  feverish  excitement,  and  gives  a  c  "iitinnal  in- 
stability to  public  affairs.  Thus,  on  the  one  hand,  the  state 
is  ex})osed  to  the  perils  of  a  revolution,  —  on  the  other,  to 
perpetual  mutability ;  the  fonner  system  threatens  the  very 
existence  of  the  government,  the  latter  prevents  any  steady 
and  consistent  policy.  The  Americans  have  preferred  the 
second  of  these  e^ils  to  the  first  ;  but  thev  were  led  to  this 
conclusion  by  instinct  more  than  by  reason,  for  a  taste  for 
variety  is  one  of  the  characteristic  passions  of  democracy. 
Hence  their  legislation  is  strangely  mutable. 

]\Ianv  Americans  consider  the  instaljility  of  their  laws  as 
a  necessary  cousequence  of  a  system  whose  general  results 
are  beneficial.  But  no  one  in  the  United  States  affects  to 
deny  the  fact  of  this  instability,  or  contends  that  it  is  not  a 
ffreat  evil. 

Hamilton,  after  having  demonstrated  the  utility  of  a 
power  which  might  prevent,  or  at  least  impede,  the  pro- 
midgation  of  bad  laws,  adds:  "It  may  perhaps  be  said,  that 
the  power  of  preventing  bad  laws  includes  that  of  prevent- 


^ 

\ 


'A 


I 'I 


2<;2 


DKMOCRACY   IN   AMKRICA. 


iii<r  n;()()(l  oiu's,  ;ui(l  may  l)o  used  to  tlic  one  ])ur])().s(.'  jis  well 
as  to  the  otiuT.  IJut  this  objection  will  have  little  wei<:;ht 
with  those  who  can  properly  estimate  the  mischief's  of  that 
inconstancy  lyul  mutahility  in  the  laws  vhich  form  the 
ij-reatest  blemish  in  the  character  and  jienius  of  our  ifovern- 
ments."    (  Federalist,  No.  T*).) 

And  an;ain,  in  No.  02  of  the  same  work,  he  observes  : 
"  The  tiicility  and  excess  of  law-makin<i  seem  to  be  the  dis- 
e«ses  to  which  our  i;overnments  are  most  liable." 

Jefferson  himself,  the  greatest  democrat  whom  the  de- 
mocracy of  America  has  as  yet  produced,  pointed  out  the 
same  danj^ers. 

"  The  instability  of  our  laws,"  said  he,  "  is  really  a  very 
serious  inconvenience.  I  think  that  we  ouijht  to  have  ob- 
viatetl  it  by  deciding  that  a  whole  year  should  always  be 
allowed  to  elaj^se  between  the  bringing  in  of  a  bill  and  the 
final  ])assing  of  it.  It  should  afterwards  be  discussed  and 
put  to  the  vote  without  the  possibility  of  making  any  al- 
teration in  it ;  and  if  the  circumstances  of  the  case  recpiired 
a  more  sjieedy  decision,  the  question  should  not  be  decided 
by  a  simjjle  majority,  but  by  a  majority  of  at  least  two 
thirds  of  both  houses." 


ii.'. 

iji: 


^-^b 


I"' 


'I 


i^ 


^r. 


L  k 


PUBLIC   OFFICERS   UNDER    THE    CONTROL    OF   THE   AMERICAN 

DEMOCRACY. 

Simple  Exterior  of  American  public  Officers.  —  No  official  Costume.  —  All 
pul)lic  Officers  are  remuuerated.  —  Political  Consequences  of  this  Sys- 
tem. —  No  public  Career  exists  in  America.  —  Results  of  this  Fact. 

Public  officers  in  the  United  States  are  confounded  with 
the  crowd  of  citizens ;  they  have  neither  palaces,  nor 
guards,  nor  ceremonial  costumes.  This  simple  exterior  of 
persons  in  authority  is  connected,  not  only  with  the  pecu- 
liarities of  the  American  character,  but  with  the  funda- 
mental  principles    of  society.      In  the   estimation  of  the 


govi;hnmi:xt  of  thf:  dk.mociiacy  ix  ammkica.      2tvl 


VIERICAN 


ik'Hiocracy,  ;v  iiovc'riuncnt  is  not  a  benefit,  l)Ut  a  noccssarj* 
evil.  A  certain  <le<^i'ec  of  j)o\ver  nuist  be  oranted  to  \ni\)~ 
lie  (tllicers,  tor  they  would  be  of  no  use  without  it.  liut 
tJie  ostensible  semblance  of  authority  is  by  n<»  means  in- 
(lisjtensable  to  the  conduct  of  alfairs  ;  and  it  is  needlessly 
ofl'ensive  to  the  susceptibility  of  the  j)ul)lic.  The  public 
officers  themselves  are  well  aware,  that  they  enjoy  the  su- 
periority over  their  fellow-citizens  which  they  derive  from 
their  authority,  only  on  condition  of  j)uttinf;  themselves 
on  a  level  with  the  whole  community  by  their  manners. 
A  })ublic  officer  in  the  United  States  is  uniforndy  simple  in 
his  manners,  accessible  to  all  the  world,  attentive  to  all  re- 
quests, and  obliging  in  his  replies.  I  was  pleasetl  by  these 
characteristics  of  a  democratic  government ;  I  admired 
the  manly  independence  which  respects  the  office  more 
than  the  officer,  and  thinks  less  of  the  emblems  of  author- 
ity than  of  the  man  who  bears  them. 

I  believe  that  the  influence  which  costumes  really  exer- 
cise, in  an  age  like  that  in  which  we  live,  has  been  a  good 
deal  exaggerated.  I  never  perceived  that  a  public  officer 
in  America  was  the  less  respected,  whilst  in  the  discharge 
of  his  duties,  because  his  own  merit  was  set  oflf  by  no  ad- 
ventitious signs.  On  the  other  hand,  it  is  very  doubtful 
whether  a  pecuhar  dress  induces  public  men  to  respect 
themselves,  when  they  are  not  otherwise  inclined  to  do  so. 
AVhen  a  magistrate  (and  in  France  such  instances  are  not 
rare)  snubs  the  parties  before  him,  or  indulges  his  wit  at 
their  expense,  or  shrugs  his  shoulders  at  their  pleas  of  de- 
fence, or  smiles  complacently  as  the  charges  are  enumer- 
ated, I  should  like  to  deprive  him  of  his  robes  of  office,  to 
see  Avhether,  when  he  is  reduced  to  the  garb  of  a  private 
citizen,  be  would  not  recall  some  portion  of  the  natural 
dignity  of  mankind. 

No  public  officer  in  the  United  States  has  an  official  cos- 
tume, but  every  one  of  them  receives  a  salary.     And  this, 


l\ 


till  I    '» 


i 


\  II 


'  It 


i 


I  Mi; 


I'i  I 


!i;  1 


2«;4 


DKMOCWACV    IN    A.Mi;iU(JA. 


also,  still  nioro  naturally  than  what  })ivce(K's,  results  from 
(U'Uiocratic  priucipk's.  A  dcuiocracy  may  allow  souk-  uia;;- 
istcrial  pouij),  and  clotlic  its  ofKixTs  in  silks  and  ^'old,  with- 
out seriously  ('onipi'oniisin;:;  its  |)rin('i|»U's.  l*ri\ilrocs  of 
this  kind  are  transitory ;  they  helono-  to  the  jdaco,  and  not 
to  the  man.  IJut  it'  puhlic  olKcers  are  nnjiaid,  a  elass  of 
rieh  and  independent  |)ui)Iie  funetionaries  will  he  created, 
who  will  constitute  the  basis  of  an  aristoeraey ;  and  if  the 
people  still  retain  their  ri^ht  of  election,  the  choice  can 
be  made  otdy  from  a  certain  class  of  citizens. 

When  a  democratic  republic  renders  gratuitous  offices 
which  had  formerly  been  renuuierated,  it  may  safely  be 
inferred  that  the  state  is  advancing  towards  njonarchv. 
And  when  a  monarchy  begins  to  remunerate  such  officers 
as  had  hitherto  been  uni)aid,  it  is  a  sure  sign  that  it  is  a})- 
j»roaching  a  despotic  or  a  republican  form  of  '.';overnment. 
The  substitution  of  ])aid  for  unpaid  functionaries  is  of  it- 
self, in  my  opinion,  sufficient  to  constitute  a  real  revolution. 

I  look  uj)on  the  entire  absence  of  uni)aid  offices  in 
America  as  one  of  the  most  prominent  signs  of  the  abso- 
lute dominion  which  democracy  exercises  in  that  country. 
All  pulvUc  services,  of  whatsoever  nature  they  may  be,  are 
paid ;  so  that  every  one  has  not  merely  a  right,  but  also 
the  means,  of  performing  them.  Although,  in  democratic 
states,  all  the  citizens  are  qualified  to  liold  offices,  all  are 
not  tempted  to  try  for  them.  The  number  and  the  capaci- 
ties of  the  candidates,  more  than  the  conditions  of  the  can- 
didateship,  restrict  the  choice  of  the  electors. 

In  nations  where  the  principle  of  election  extends  to 
everything,  no  political  career  can,  properly  speaking,  be 
said  to  exist.  Men  arrive  as  if  by  chance  at  the  post 
Avhich  they  hold,  and  they  are  by  no  means  sure  of  retain- 
ing it.  This  is  especially  true  when  the  elections  are  held 
annually.  The  consequence  is,  that,  in  tranquil  times, 
public  functions  offer  but  few  lures  to  ambition.     In  the 


CJOVKirNMKN'T    OF   TIIK    l)i;M<)CllAt:\    IN    AMKKICA.        _•».) 

T'liiti'"!  States,  tlioso  who  c'npa<i;o  in  tlic  pen  ii'xitics  of 
political  lite  are  jK'rsoiis  of  very  moderate  id'eti'iisions. 
Till-  pursuit  of  wealtli  n;enerally  diverts  men  of  ;i;reat  tal- 
ents antl  stron^f  passions  from  tiie  jxM'suit  of  power  ;  and 
it  trt'ipiently  liappens  tluit  a  man  dot.-  not  nndi'rtak*'  to 
direct  the  fortunes  (tf  tliu  state  nntil  he  hiis  shown  himself 
incompetent  to  conduct  liis  own.  The  vast  nunilter  of 
very  ordinary  men  who  occuj)y  puhlic  stations  is  (piitu  as 
attrihutahle  to  these  causes,  as  to  tlie  bad  choice  of  the 
democracv.  In  tlie  United  States,  I  am  not  sure  that  thc^ 
peoj)le  would  clioose  men  of  superior  abilities,  even  if  they 
wished  to  be  elected  ;  but  it  is  certain  that  cancUdates  of 
this  description  do  not  come  forward. 


ARHITRARY  POWER  OF  MAGISTRATES*  UNDER  TIIE    RULE   OP 
THE    AMERICAN    DEMOCRACY. 


|nds  to 
ing,  bo 
le  ])ost 

•etain- 
re  lield 
[times, 

'n  the 


For  what  Reiisou  the  arbitrary  Power  of  Mairislruti-s  is  frrcater  in  Absolute 
^loiiarcliit'S  and  in  DLMUocratic  llepulilics  than  it  is  in  Uniited  Monar- 
chies. —  i^jhitrary  Tower  of  the  Magistrates  in  New  Knyhmd. 

In  two  kinds  of  government  the  magistrates  exercise 
considerable  arbitrary  power,  —  namely,  under  the  abso- 
hite  government  of  an  indivi(hial,  and  under  tliat  of  a  de- 
mocracy. This  identical  resuh  proceeds  from  very  simihu* 
causes. 

Ill  despotic  states,  tlie  fortune  of  no  one  is  secure  ;  pub- 
lic officers  are  not  more  safe  than  private  persons.  The 
sovereign,  who  has  under  his  control  the  lives,  the  proper- 
ty, and  sometimes  the  honor,  of  the  men  whom  he  employs, 
thinks  he  has  nothing  to  fear  from  them,  and  allows  them 
great  latitude  of  action,  because  he  is  convinced  that  they 
will  not  use  it  against  him.     In  despotic  states,  the  sover- 

*  I  here  use  the  word  vuujistnUes  in  its  widest  sense  ;  I  apply  it  to  all 
oflBccrs  to  whom  the  execution  of  the  laws  is  intrusted. 
12 


r 


h« 


n 


I 


1 

m 

i 
1 

2tJ0 


DKMOCKACY    IN   AMKIJItA. 


fi^;!!  is  so  iiuH'li  attiiclu'tl  to  Ills  |)ow('r,  tlint  lu;  dislikosi  tlie 
(•oll^tnliIlt  »'\i'U  of  liin  own  n';j;ul;ilions,  ami  likus  to  si'c  his 
ti^cnts  iH'tin;;  irrt'i;iilarly,  and,  as  it  were,  Ity  cliaiici',  in 
order  to  l»'  siirt'  tliat  tlicir  actions  will  luniT  couiittTact  lii.s 
desires. 

In  di'inorraeies,  as  tho  majority  lias  every  year  the  ri«;ht 
of  takini;  away  tliu  j)ower  of  the  oflieers  >vh(tiM  it  had  ap- 
pointed, it  has  no  reason  to  fear  any  ahuse  of  their  anthor- 
ity.  As  the  |»eoj)lc  are  always  ahio  to  sin;nity  their  will  to 
those  who  eondnet  the  e()vernnient,  they  prefer  leaving 
them  to  their  own  free  action,  instead  of  prescrihing  an 
invariable  rule  of  conduct,  which  would  at  onco  fetter 
their  activity  and  the  popular  authority. 

It  may  even  he  ohserved,  on  attentive  consideration,  that, 
under  the  rule  of  a  democracy,  the  arhitrary  action  of  tho 
ma;j;istrate  must  he  still  greater  than  in  despotic  states. 
In  the  latk'r,  tho  sovereign  can  immediately  punish  all  the 
faults  with  which  he  becomes  acipiainted,  hut  he  cannot 
hoj)e  to  become  ac(juainted  with  all  those  which  are  com- 
mitted. In  democracies,  on  the  contrary,  the  sovereign 
power  is  not  only  supreme,  but  universally  present.  The 
American  functionaries  are,  in  fact,  much  more  free  in  the 
sphere  of  action  wliich  the  law  traces  out  for  them  tlian 
any  public  officer  in  Europe.  Vciy  frequently,  the  object 
which  they  are  to  accomplish  is  simply  pointed  out  to  them, 
and  the  choice  of  the  means  is  left  to  their  own  discretion. 

In  New  England,  for  instance,  the  selectmen  of  each 
township  are  bound  to  draw  up  the  list  of  persons  who  are 
to  serve  on  the  jury ;  the  only  rule  wliich  is  laid  down  to 
guide  them  in  their  choice  is,  that  they  are  to  select  citizens 
possessing  the  elective  franchise  and  enjoying  a  fair  repu- 
tation.* In  France,  the  lives  and  liberties  of  the  subjects 
would  be  thought  to  be  in  danger,  if  a  public  officer  of  any 

*  It  sliould  be  added,  that  the  jurors  are  afterwards  drawn  from  these 
lists  by  lot. 


il 


GOVi,HNMi:Nr  oi   nil;  in:M(Xi!Arv  in  a.mi;i:i»a.     iJix 


kind  was  iiitrustfd  witli  so  junnidalilf  a  riiilit.  In  Xrw 
Kn;;laii(l,  till"  saiiK'  ina^iistratcs  nvc  iiniiowi'iiMl  to  post  tlio 
iiaiMcs  of  liaititual  (Ininkai'ds  in  |iu1)li<'  lioiiscs,  and  to  |iro- 
liiljit  till'  inhabitants  of  a  town  fVoni  Mi|i|>lyin;j;  tlu-in  uitli 
li<jUor.*  Sncli  a  censorial  j)o\vcr  would  In-  I'l-voltin;^  to  tin? 
|io|inlation  of  tlie  most  ahsolutc  inonarcliii's ;  In-iv,  liow- 
t'ViT,  it  is  snhmitti'd  to  without  ditlicultv. 

Nowhere  has  so  nincli  Ikh'H  left  hv  the  law  to  the  arhi- 
trary  determination  of  tho  ma;;istrate  as  in  demoeratic  re- 
])ul)li(s,  heeause  they  have  nothini:'  to  tear  I'roni  arhitrarv 
power.  It  may  even  he  asserted  that  the  freedom  of  the 
ma<;istrate  increases  as  the  elective  lranchi>e  is  extended, 
and  as  the  duration  of  the  time  of  othce  is  shortened. 
Ileiici'  arises  the  i>reat  ditlicultv  of  convi'rtinii  a  tK-mo- 
cratic  ri'j>ul)lic  into  a  monarchy.  The  mai^isti'ate  ceases  to 
be  elective,  but  lie  retains  the  ri;;hts  and  thi'  habits  of  an 
elected  officer,  which  lead  directly  to  despotism. 

It  is  only  in  limited  monarchies  tliat  the  law,  which  pro- 
scribes the  sphere  in  which  p\iblic  officers  are  to  act,  super- 
intends all  their  measures.  The  cause  of  this  may  be  easily 
detected.  In  limited  monarchies,  the  power  is  divided  be- 
tween the  kinn  and  the  ])eople,  both  of  whom  are  interest- 
ed in  the  stability  of  the  mnoistrate.  The  kinrr  doe>«  not 
venture  to  place  the  public  officers  under  the  control  of  the 
people,  lest  they  should  be  temi)ted  to  betray  his  interests  ; 
on  the  other  hand,  the  peo])le  fear  lest  the  magistrates 
should  serve  to  oppress  the  liberties  of  the  country  if  they 
were  entirely  dependent  upon  the  crown  :    they  cannot, 

*  Sec  Aft  of  28th  Feliniaiy,  1787.  [But  tliis  luw  is  obsolete.  And  M. 
do  Tocciueville's  other  instuiuc  is  not  liaiipily  chosen.  In  Kn;:hiiid,  wliieli 
is  a  limited  monarcliy,  the  jury  lists  arc  drawn  up  by  tlio  sheritt",  and  such  a 
power  is  more  formidable  in  the  hands  of  one  man  than  of  several.  In 
truth,  the  doctrine  of  the  author  here  is  a  very  questionable  one.  Alaj^is- 
trates  in  America  do  not  have  so  much  trusted  to  their  discretiou  a^  iu 
England  or  Trance.  Their  modes  of  action  are  prescribed  beforehand  by 
law,  and  defined  with  jealous  care.  — Asi.  Ed.] 


2G8 


DEMOCRACY   IN   AMERICA. 


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therofore,  be  said  to  depend  on  either  the  one  or  tlie  other. 
Tlie  same  cause  which  induces  the  king  and  tlie  people  to 
render  public  officers  independent,  suggests  the  necessity  of 
such  seciu'ities  as  may  prevent  their  independence  from 
encroaching  upon  the  authority  of  the  former,  or  upon  the 
liberties  of  the  latter.  They  consequently  agree  as  to  the 
necessity  of  restricting  the  functionary  to  a  line  of  conduct 
laid  doAvn  beforehand,  and  find  it  for  their  interest  to  im- 
pose upon  him  certain  regulations  Avhich  he  cannot  evade. 


INSTABILITY   OF   THE   ADMINISTRATION   IN   THE   UNITED 

STATES. 

In  America,  tlie  Public  Acts  of  a  Community  frequently  leave  fewer  Traces 
.than  the  Occurrences  in  a  Family.  —  Newspapers  the  only  Historical 
Eemains.  —  lustahility  of  the  Administration  prtjudicial  to  the  Art  of 
Government. 

The  authority  which  public  men  possess  in  America  is 
so  brief,  and  they  are  so  soon  commingled  with  the  ever- 
changing  population  of  the  country,  that  the  acts  of  a 
community  frequently  leave  fewer  traces  than  the  ev^ents 
in  a  private  family.  The  public  administration  is,  so  to 
speak,  oral  and  traditionary.  But  little  is  committed  to 
writing,  and  that  little  is  soon  wafted  away  forever,  like 
the  leaves  of  the  Sibyl,  by  the  smallest  breeze. 

The  only  historical  remains  in  the  United  States  are  the 
newspapers  ;  if  a  number  be  wanting,  the  chain  of  time  is 
broken,  and  the  present  is  severed  from  the  past.  I  am 
convinced  that,  in  fifty  years,  it  will  be  more  difficult  to 
collect  authentic  documents  concernino;  the  social  condition 
of  the  Americans  at  the  present  day,  than  it  is  to  find  re- 
mains of  the  administration  of  France  durino;  the  Middle 
Ages ;  and  if  the  United  States  were  ever  invaded  by 
barbarians,  it  would  be  necessaiy  to  have  recourse  to  the 


GOVERXMKN'T    OF   THE   DEMOCRACY    IX    AMERICA. 


2(j0 


history  of  other  nations,  in  order  to  learn  anything  of  the 
peoj)le  wlio  now  inluibit  them. 

Tlie  instabihty  of  the  administration  has  penetrated  into 
the  luibits  of  tlie  people  ;  it  even  appears  to  suit  the  general 
taste,  and  no  one  cares  for  what  occurred  before  his  thne  ; 
no  methodical  system  is  pursued  ;  no  archives  arc  formed  ; 
and  no  documents  are  brouo;lit  tooetlier  when  it  would  be 
very  etisy  to  do  so.*  Where  they  exist,  little  store  is  set 
upon  them.  I  have  amongst  my  papers  several  original 
public  documents,  which  were  given  to  me  in  the  public 
otlices,  in  answer  to  some  of  my  inquiries.  In  America, 
society  seems  to  live  fi'om  hand  to  mouth,  like  a)i  army 
in  the  field.  Nevertheless,  the  art  of  administration  is 
undoubtedly  a  science,  and  no  sciences  can  be  im})roved 
if  the  discoveries  and  observations  of  successive  generations 
are  not  connected  together,  in  the  order  in  which  they 
occur.  One  man,  in  the  short  space  of  his  life,  remarks 
a  fact,  another  conceives  an  idea ;  the  former  invents  a 
means  of  execution,  the  latter  reduces  a  truth  to  a  formula ; 
and  mankind  gather  the  fruits  of  individual  experience  on 
their  way,  and  gradually  fonn  the  sciences.  But  the  per- 
sons who  conduct  the  administration  in  America  can  sel- 
dom afford  any  instruction  to  each  other ;  and  when  they 
assume  the  direction  of  society,  thev  simply  possess  those 

*  One  would  think  that  M.  de  Tocqucvillc  had  never  seen  tlic  vohimi- 
nous  documents  which  are  printed  every  year,  here  in  America,  by  the  order 
of  the  State  legislatures  and  of  Congress.  In  the  aggregate,  they  already 
f;rni  a  respe('tal)le  hbrary,  so  that  the  future  historian  will  suH'er  rather  from 
tlic  eniharrassment  of  riches  than  from  the  want  of  materials.  Instead  of 
complaining  that  "  little  is  committed  to  v.-riting,"  in  America,  and  that 
"  that  little  is  soon  wafted  away  forever,"  he  ought  to  censure  the  inordi- 
nate  loquacity  of  Presidents,  Governors,  legislators,  and  other  public  of- 
licers,  whose  interminable  messages,  reports,  and  supplementary  documents 
arc  preserved  by  the  public  printers  in  many  huge  volumes,  which  nobody, 
indeed,  ever  thinks  of  perusing,  but  which  are  even  difficult  to  consult  on 
account  of  their  number  and  magnitude.  — Am.  Ed. 


\  '4 


ill 


\  ii 


270 


DEMOCRACY  IN  AMITJCA. 


attainments  wliich  are  wicloly  disseminated  in  tlie  commu- 
nity, and  no  knowledge  peculiar  to  themselves.  Democ- 
racy, pushed  to  its  furthest  limits,  is  therefore  prejudicial  to 
the  art  of  government ;  and,  for  this  reason,  it  is  better 
adapted  to  a  people  already  versed  in  the  conduct  of  ad- 
ministration, than  to  a  nation  which  is  uninitiated  in  public 
affairs. 

This  remark,  indeed,  is  not  exclusively  applicable  to  the 
science  of  administration.  Althouo;h  a  democratic  jrovern- 
ment  is  founded  u|)on  a  very  simple  and  natural  principle, 
it  always  presupposes  the  existence  of  a  high  degree  of 
culture  and  enlightenment  in  society.*  At  first,  it  might 
be  supposed  to  belong  to  the  earliest  ages  of  the  world  ; 
but  maturer  observation  will  convince  us  that  it  could  only 
come  last  in  the  succession  of  human  history. 


CHARGES    LEVIED   BY  THE  STATE  UNDER  THE   RULE    OF   THE 
AMERICAN    DEMOCRACY. 


In  all  Communities,  Citizens  are  divisible  into  certain  Classes.  —  IlaMts  of 
each  of  these  ("lasses  in  the  Direction  of  Public  Finances.  —  "Why  Pub- 
lic Expenditure  must  tend  to  increase  when  the  People  povern.  —  What 
renders  the  Extravagance  of  a  Democracy  less  to  be  feared  in  America. 
—  Public  Expenditure  under  a  Democracy. 

Before  we  can  tell  whether  a  democratic  government  is 
economical  or  not,  we  must  establish  a  standard  of  com- 
parison. The  question  would  be  of  easy  solution,  if  we 
were  to  draw  a  parallel  between  a  democratic  republic  and 
tax  absolute  monarchy.  The  public  expenditure  in  the  for- 
mer would  be  found  to  be  more  considerable  than  under 
the  latter ;  such  is  the  case  with  all  free  states  compared 
with  those  which  are  not  so.     It  is  certain  that  despotism 

*  It  is  needless  to  observe,  that  I  speak  here  of  the  democratic  form  of 
goveriuneut  as  applied  to  a  people,  and  not  merely  to  a  tribe. 


GOVERNMKNT  OF  THK  DKMOCRACV  IN  AMKRICA. 


271 


ruins  Individuals  by  preventing,!;  them  from  produeing 
wealth,  nnicli  more  tlian  by  dej)rivin<];  tliem  of  what  they 
liave  ah'eady  j)roduced ;  it  dries  up  the  source  of  rielies, 
whilst  it  usually  respects  acquired  property.  Freedom,  on 
the  contrary,  produces  far  more  goods  than  it  destroys ; 
and  the  nations  which  are  favored  by  free  institutions  in- 
variably find  that  their  resources  increase  even  more  ra|)- 
idly  than  their  taxes. 

]My  i)resent  object  is  to  compare  free  nations  with  each 
other,  and  to  point  out  the  influence  of  democracy  upon 
the  finances  of  a  state. 

Communities,  as  well  as  organic  bodies,  are  subject  in 
their  formation  to  certain  fixed  rules,  from  which  they  can- 
not  depart.  They  are  comj)Osed  of  certain  elements  which 
are  common  to  them  at  all  times  and  under  all  circum- 
stances. The  people  may  always  be  mentally  divided  into 
three  classes.  The  first  of  these  classes  consists  of  the 
wealthy ;  the  second,  of  those  who  are  in  easy  circum- 
stances ;  and  the  third  is  composed  of  those  who  have  little 
or  no  property,  and  who  subsist  by  the  work  which  they 
perform  for  the  tw^o  superior  orders.  The  [)roportion  of 
the  individuals  in  these  several  divisions  may  vary  accord- 
ing to  the  condition  of  society ;  but  the  divisions  them- 
selves can  never  be  obliterated. 

It  is  evident  that  each  of  these  classes  will  exercise  an 
influence  peculiar  to  its  own  instincts  upon  the  administra- 
tion of  the  finances  of  the  state.  If  the  first  of  the  three 
exclusively  possesses  the  legislative  power,  it  is  probable 
that  it  will  not  be  sparing  of  the  public  funds,  because  the 
taxes  which  are  levied  on  a  large  fortune  only  diminish  the 
SI  m  of  superfluities,  and  are,  in  fiict,  but  little  felt.  If  the 
si  ()nd  class  has  the  power  of  making  the  laws,  it  will  cer- 
tainly not  be  lavish  of  taxes,  because  nothing  is  so  onerous 
as  a  large  impost  levied  upon  a  small  income.  The  goA^- 
ernment  of  the  middle  classes  appears  to  me  the  most  eco- 


I  :    '  I 


.  • 


272 


DKMOCUACY   IN   AMF.KICA. 


uUm 


noniical,  I  will  not  say  the  most  enliglitoned,  and  cortaliily 
not  ihe  most  <|enc'rous,  of  free  govern monts. 

Let  us  now  suj)poso  that  the  le<^islative  authority  is 
vested  in  tlie  hiwest  order:  there  are  two  strikiu";  reasons 
whicli  sliow  tliat  tlie  tendency  of  the  expenditures  will  be 
to  increase,  not  to  diminish. 

As  the  great  majority  of  those  who  create  the  laws  have 
no  taxable  pro})erty,  all  the  money  which  is  spent  for  the 
conmiunity  ai)pears  to  be  spent  to  their  advantage,  at  no 
cost  of  their  own  ;  and  those  who  have  some  little  prop- 
erty readily  find  means  of  so  regulating  the  taxes,  that  they 
weigh  upon  the  wealthy  and  profit  the  poor ;  although  the 
rich  cannot  take  the  same  advantage  when  they  are  in  pos- 
session of  the  tiovernment. 

In  countries  in  which  the  poor  *  should  have  the  exclu- 
sive power  of  making  the  laws,  no  great  economy  of  pub- 
lic expenditure  ought  to  be  expected :  that  expenditure 
will  always  be  considerable ;  either  because  the  taxes  can- 
not weigh  upon  those  who  levy  them,  or  because  they  are 
levied  in  such  a  manner  as  not  to  reach  these  poorer 
classes.  In  other  words,  the  government  of  the  democ- 
racy is  the  only  one  under  which  the  power  which  votes 
the  taxes  escapes  the  payment  of  them. 

In  vain  will  it  be  objected,  that  the  true  interest  of  the 
people  is  to  spare  the  fortunes  of  the  rich,  since  they  must 
suffer  in  the  long  run  from  the  general  impoverishment 
which  will  ensue.  Is  it  not  the  true  interest  of  kings,  also, 
to  render  their  subjects  happy,  and  of  the  nobles  to  admit 
recruits  into  their  order  on  suitable  grounds  ?  If  remote 
advantages  had  power  to  prevail  over  the  passions  and  the 


i 


*  Tlie  worrl  pooi-  is  used  here,  and  tliroughout  the  remainder  of  this  chap- 
ter, in  a  relative,  not  in  an  absolute  sense.  Poor  men  in  America  would 
often  appear  rich  in  comparison  with  the  poor  of  Europe ;  but  they  may 
>vith  propriety  be  styled  poor  in  comparison  with  their  more  affluent  coun- 
trvmcn. 


i 


GOVKIJNMKXT    OF    THE   DEMOCRACY    IX    AMEIMCA.        273 


exiLionc'ics  of  the  moment,  no  siicli  tliino;  as  a  tyrannical 
Koveivioii  or  an  exclusive  aristocracy  could  ever  exist. 

Again,  it  may  be  objected  that  the  poor  never  havf  the 
sole  ])Ower  of  making  the  laws  ;  but  I  reply,  that,  wlu'rever 
universal  suffrage  has  been  established,  the  majority  un- 
questionably exercises  the  legislative  authority ;  and  if  it 
be  proved  that  the  poor  always  constitute  the  majority, 
may  it  not  be  added,  with  perfect  truth,  that,  in  the  coun- 
tries in  which  they  possess  the  elective  franchise,  they  pos- 
sess the  sole  power  of  making  the  laws  ?  It  is  certain 
that,  in  all  the  nations  of  the  world,  the  greater  number  lias 
always  consisted  of  those  persons  who  hold  no  property, 
or  of  those  whose  property  is  insufficient  to  exempt  them 
from  the  necessity  of  working  in  order  to  procure  a  com- 
fortable subsistence.  Universal  suffrage  does,  therefore, 
in  point  of  fact,  invest  the  poor  with  the  government  of 
societv. 

The  disastrous  influence  which  popular  authority  may 
sometimes  exercise  upon  the  finances  of  a  state  was  clearly 
seen  in  some  of  the  democratic  republics  of  antiquity,  in 
which  the  public  treasure  was  exhausted  in  order  to  relieve 
indigent  citizens,  or  to  supply  games  and  theatrical  amuse- 
ments for  the  populace.  It  is  true,  that  the  representative 
system  was  then  almost  unknov»n,  and  that,  at  the  present 
time,  the  influence  of  popular  passions  is  less  felt  in  the 
conduct  of  public  affairs  ;  but  it  may  well  be  believed  that, 
in  the  end,  the  delegate  will  conform  to  the  principles  of 
his  constituents,  and  favor  their  j)ropensities  as  much  as 
their  interests. 

The  extravagance  of  democracy  is,  however,  less  to  be 
dreaded  in  proportion  as  the  people  acquire  a  share  of 
property,  because,  on  the  one  hand,  the  contributions  of 
the  rich  are  then  less  needed,  and,  on  the  other,  it  is  more 
difficult  to  impose  taxes  which  shall  not  reach  the  imposers. 
On  this  account,  universal  suffrage  would  be  less  dangerous 

12*  R 


I' I 


li  -i 


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'i 


ii 


V'i 


I  tjjjv 


ITT 

rl  ; 

If  . 

|i  i|: 


1. 


274 


DKMOCRACY   IN    AMI-RICA. 


in  FnincG  tlian  in  England,  whoro  nearly  all  the  taxable 
property  is  vested  in  tlie  hands  of  a  few.  America,  where 
the  great  majority  of  the  citi/.ens  possess  some  fortune,  is 
in  a  still  more  favorable  position  than  France. 

There  are  further  causes  which  may  increase  the  amount 
of  j)ublic  expenditure  in  democratic  countries.  When  an 
aristocracy  governs,  those  who  conduct  the  affairs  of  state 
are  exemj)ted,  by  their  very  station  in  society,  from  any 
want :  content  with  their  lot,  power  and  renown  are  the 
only  objects  for  which  they  strive  ;  placed  far  above  the 
obscure  crowd,  they  do  not  always  clearly  perceive  how 
the  well-being  of  the  mass  of  the  people  will  redound  to 
their  own  grandeur.  They  are  not,  indeed,  callous  to  the 
sufferings  of  the  poor  ;  but  they  cannot  feel  those  miseries 
as  acutely  as  if  they  were  themselves  partakers  of  them. 
Provided  that  the  people  appear  to  submit  to  their  lot, 
the  rulers  are  satisfied,  and  demand  nothino;  further  fi'om 
the  government.  An  aristocracy  is  more  intent  upon  the 
means  of  maintaining  than  of  improving  its  condition. 

When,  on  the  contrary,  the  people  are  invested  with  the 
supreme  authority,  they  are  perpetually  seeking  for  some- 
thing better,  because  they  feel  the  hardships  of  their  lot. 
The  thirst  for  improvement  extends  to  a  thousand  different 
objects ;  it  descends  to  the  most  trivial  details,  and  especial- 
ly to  those  changes  which  are  accompanied  with  considera- 
ble expense,  since  the  object  is  to  improve  the  condition  of 
the  poor,  who  cannot  pay  for  the  improvement.  More- 
over, all  democratic  communities  are  agitated  by  an  ill- 
defined  excitement,  and  a  kind  of  feverish  impatience,  that 
creates  a  multitude  of  innovations,  almost  all  of  which  are 
expensive. 

In  monarchies  and  aristocracies,  those  who  are  ambitious 
flatter  the  natural  taste  which  the  rulers  have  for  power 
and  renown,  and  thus  often  incite  them  to  very  costly 
undertakings.     In  democracies,  where  the  rulers  are  poor 


GOVF.r.NMKNT    OF    THK    DEMOCRACY    IN    AMKKICA.        275 

and  In  want,  tlicy  ci\n  he  courted  only  by  such  mcnis  as 
will  improve  their  well-bcino;,  and  these  improvements  can- 
not take  place  without  money.  When  a  [)eople  hi'ijin  to 
reflect  on  their  situation,  they  discover  a  nndtitude  of 
wants  which  they  had  not  before  been  conscious  of,  and  to 
satisfy  these  exio;cncies  recourse  must  be  had  to  the  cotters 
of  the  state.  Hence  it  happens  that  the  public  charges 
increase  in  proportion  to  the  civilization  of  the  country, 
and  imposts  are  augmented  as  knowledge  becomes  more 
diffused. 

The  last  cause  which  renders  a  democratic  government 
dearer  than  any  other  is,  that  a  democracy  does  not  always 
lessen  its  expenditures  even  when  it  wishes  to  do  so,  be- 
cause it  does  not  understand  the  art  of  beinjx  economical. 
xVs  it  frequently  changes  its  purposes,  and  still  more  fre- 
quently its  agents,  its  undertakings  are  often  ill  conducted 
or  left  unfinished :  in  the  former  case,  the  state  spends 
sums  out  of  all  proportion  to  the  end  which  it  })roposes  to 
accomplish ;  in  the  latter,  the  expense  brings  no  return. 


TENDENCIES    OF    THE     AMERICAN    DEMOCRACY    AS    REGARDS 
THE    SALARIES    OF    PUBLIC   OFFICERS. 


In  Democracies,  tliose  who  cstablisli  lii}i:h  Salaries  have  no  chance  of  profit- 
ing by  them.  —  Tendency  of  the  American  Democracy  to  increase  the 
Salaries  of  subordinate  Officers,  and  to  lower  those  of  the  more  impor- 
tant Functionaries.  —  Reason  of  this.  —  Comparative  Statement  of  the 
Salaries  of  Public  Officers  in  the  United  States  and  in  France. 

There  Is  a  powerful  reason  which  usually  induces  de- 
mocracies to  economize  upon  the  salaries  of  public  officers. 
Those  who  fix  the  amount  of  the  salaries,  being  very  nu- 
merous, have  but  little  chance  of  obtainino;  office  so  as  to 
be  in  receipt  of  those  salaries.  In  aristocratic  countries, 
on  the  contrary,  the  individuals  who  ap})oint  high  salaries 
have  almost  always  a  vague  hope  of  profiting  by  them. 


1 


iiiii 


!    .     I 


270 


DKMOCRACY   IN   AMKUICA. 


Tliose  ai)j)()intiu('nts  may  bo  looked  upon  as  a  capital  which 
they  create  for  their  own  use,  or  at  least  as  a  resource  for 
their  cliilch'en. 

It  must  l)e  allowed,  moreover,  that  a  democratic  state  is 
most  parsimonious  towards  its  princij)al  agents.  In  Amer- 
ica, the  secondary  officers  are  much  better,  and  the  higher 
functionaries  much  worse  paid,  than  elsewhere. 

These  oj)posite  efi'ects  result  from  the  same  cause :  the 
peoj)le  fix  the  salaries  of  the  public  officers  in  both  cases ; 
and  the  scale  of  rennmeration  is  determined  by  the  com- 
parison of  their  own  wants.  It  is  held  to  be  fiiir,  that  the 
servants  of  the  public  should  be  placed  in  the  same  easy 
circumstances  as  the  public  themselves ;  *  but  when  the 
question  turns  ui)on  the  salaries  of  the  great  officers  of 
state,  this  rule  fails,  and  chance  alone  guides  the  popular 
decision.  The  poor  have  no  adequate  conception  of  the 
wants  which  the  higher  classes  of  society  feel.  The  sum 
which  is.  scanty  to  the  rich  appears  enormous  to  him 
whose  wants  do  not  extend  beyond  the  necessaries  of  life ; 
and  in  his  estimation,  the  Governor  of  a  State,  with  his 
twelve  hundred  or  two  thousand  dollars  a  year,  is  a  fortu- 
nate and  enviable  being.f  If  you  try  to  convince  him 
that  the  representative  of  a  great  people  ought  to  appear 
with  some  splendor  in  the  eyes  of  foreign  nations,  he  will 
at  first  assent  to  your  assertion ;  but  when  he  reflects  on 

*  Tlie  easy  circumstances  in  which  secondary  functionaries  are  placed  in 
the  United  States  result,  also,  from  another  cause,  which  is  independent 
of  the  general  tendencies  of  democracy :  every  kind  of  private  business  is 
very  lucrative,  and  the  state  would  not  be  served  at  all  if  it  did  not  pay  its 
servants  well.  The  country  is  in  the  position  of  a  commercial  house,  which 
is  obliged  to  sustain  a  costly  competition,  notwithstanding  its  tastes  are  eco- 
nomical. 

t  The  State  of  Ohio,  which  contains  a  million  of  inhabitants,  gives  its 
Governor  a  salary  of  only  1 ,200  dollars  a  year.  [Now  that  its  population 
exceeds  two  millions,  the  Governor's  salary  has  been  raised  to  1,800  dollars 
—  Am.  Ed.J 


GOVERNMENT  OF  THE  DEMOCRACY  IX  AMERICA. 


lit  I 


higher 


liis  own  humble  u  .<]hn<2;,  iiiid  tlie  small  earniniiis  of  his 
jianl  toil,  he  remembers  all  that  he  could  do  with  a  salary 
which  you  judge  to  be  insufficient,  and  he  is  startled  and 
almost  t'riiihtened  at  the  view  of  so  nuich  wealth.  He- 
sides,  the  secondary  public  officer  is  almost  on  a  level  with 
the  people,  whilst  the  others  are  raised  above  them.  The 
former  may  therefore  excite  his  symi)athy,  but  the  latter 
begin  to  arouse  liis  envy. 

This  is  clearly  seen  in  the  United  States,  where  the  sal- 
aries seem,  if  I  may  so  speak,  to  decrease  as  the  authority 
of  those  who  receive  them  is  auiiniented.* 

Under  the  rule  of  an  aristocracy,  on  the  contrary,  the 
hiiih  officers  receive  munificent  salaries,  while  the  inferior 

*  To  render  tliis  assertion  perfectly  evident,  it  will  sutlice  to  examine  the 
Bcalc  of  salaries  of  tlic  a;^ents  of  the  Federal  },'ovennnent.  I  have  added 
the  salaries  of  the  eorresponding  offieera  in  France,  to  complete  the  eora- 
parisou. 


UNITED    STATES. 

Trea<mry  Department. 

Messenger, $  700 

Clerk  with  lowest  salary,  .     .  1,000 

Clerk  with  hi;,fhest  salary,    .  1,600 

Chief  Clerk, 2,000 

Secretary  of  State,     .     .     .  6,000 

The  President, 25,000 


FRANCE. 

Miiii'stire  de  Finances. 
Huissier,      .     .     .     1,500  fr.  (S300) 
Clerk  with  lowest  sala- 
ry,    1,000  to  1,800  fr.  ($200-360) 
Clerk  with  hij^hest  sala- 
ry,    3,200  to  3,600  fr.  (S  640  -  720) 
Seeretaire-yeneral,  20,000  fr.  (S  4,000) 
The  INIinistcr,       80,000  fr.  (S  16,000) 
The  King,  12,000,000 fr.  ($2,400,000) 

[Since  M.  de  Tocquevillc  wrote,  all  these  salaries  of  American  officers, 
except  that  of  the  President,  have  been  somewhat  enlarged  ;  but  the  addi- 
tion made  to  them  is  not  more  than  enough  to  make  up  for  the  increased 
expenses  of  living.  —  Am.  Ed.] 

I  have  perhaps  done  wrong  in  selecting  France  as  my  standard  of  com- 
parison. In  France,  as  the  democratic  tendencies  of  the  nation  exercise  an 
ever-increasing  influence  upon  the  government,  the  Chambers  show  a  dispo- 
sition to  raise  the  low  salaries,  and  to  lower  the  principal  ones.  Thus,  the 
Minister  of  Finance,  who  received  160,000  fr.  under  the  Empire,  receives 
80,000  fr.  in  1835;  the  Directeurs-G^ne'raux  of  Finance,  who  then  received 
50,000  fr.,  now  receive  only  20,000  fr. 


•■i 


278 


DKMOCRACY    IN   AMF.RICA. 


ones  often  have  not  more  tlian  enouf^li  to  procure  the 
iiecessiu'ieis  of  life.  Tlio  reason  of  tliis  fact  is  easily  dis- 
coverable from  causes  very  analogous  to  those  wlii(;h  I 
have  just  pointed  out.  As  a  democracy  is  unable  to  con- 
ceive the  pleasures  of  the  ricli,  or  to  witness  them  without 
envy,  so  an  aristocracy  is  slow  to  understand  the  })rivation3 
of  the  poor,  or  rather  is  unaccpiainted  with  tliem.  The 
poor  man  is  not,  properly  speaking,  of  the  same  kind  as 
the  rich  one  ;  but  he  is  a  beino;  of  another  s])ecies.  An 
aristocracy  therefore  cares  but  little  for  the  condition  of  its 
subordinate  agents  ;  and  tlieir  salaries  are  raised  only  when 
they  refuse  to  serve  for  too  scanty  a  remuneration. 

It  is  the  ))arsimonious  conduct  of  democracy  towards  its 
princij)al  ofhcers,  wliich  has  caused  more  economical  i)ro- 
pensities  to  be  attributed  to  it  tlian  it  really  j)ossesses.  It 
is  true  that  it  scarcely  allows  the  means  of  decent  main- 
tenance to  those  who  conduct  its  affairs ;  but  it  lavishes 
enormous  sums  to  succor  the  wants  or  facilitate  the  enjoy- 
ments of  the  people.*  The  money  raised  by  taxation  may 
be  better  emjjloyed ;  but  it  is  not  economically  used.  In 
general,  democracy  gives  largely  to  the  people,  and  very 
sparingly  to  those  who  govern  them.  The  reverse  is  the 
case  in  aristocratic  countries,  where  the  money  of  the  state 
profits  the  persons  who  are  at  the  head  of  affairs. 


*  See  the  American  budgets  for  tlie  support  of  paupers,  and  for  gratui- 
tous instruction.  In  1831,  over  $250,000  were  spent  in  the  State  of  New 
York  for  tlie  maintenance  of  the  poor ;  and  at  least  $  1 ,000,000  were  de- 
voted to  pultlic  instruction.  [In  1858,  the  total  expenditure  for  the  relief  of 
the  poor  in  the  State  of  New  York  was  $1,491,391;  and  for  coramoa 
eohools,  $  3,653,995.  —  Aji.  Ed.]  The  State  of  New  York  contained  ouly 
1,900,000  inhabitants  in  the  year  1830,  which  is  not  more  than  double  the 
amount  of  population  in  the  De'partement  du  Nord  iu  France.  [lu  1855,  the 
population  of  New  York  was  3,466,212.] 


GOVKHNMKNT    OF   Till:    DKMOCKACY    IN    AMI.IMCA.        '2~\) 


DIFFICULTY  OF  mSTINfJUISHIXO   THE  CAUSES  WHTCII    INCLINE 
THE    AMERICAN    GOVERNMENT   TO    ECONOMY. 

We  are  liablo  to  ti'e(iiient  errors  iii  seeking;  anion*;  tacts 
for  tlio  real  inHuencc  wliieh  laws  exercise  u[)on  the  late  of 
mankind,  since  nothing  is  more  dilHcult  to  appreciate  than 
a  liK't.  (Jne  nation  is  naturally  fickle  and  enthusiastic  ; 
another  is  sober  and  calculatino; ;  and  these  characteristies 
originate  in  their  physical  constitution,  or  in  remote  causes 
with  which  we  are  unaccjuainted. 

There  are  nations  which  are  fond  of  })arade,  bustle,  and 
festivity,  and  which  do  not  regret  millions  s})ent  u})on  the 
gayeties  of  an  hour.  Others,  on  the  contrary,  are  attached 
to  more  quiet  enjoyments,  and  seem  almost  ashamed  of 
aj)pearing  to  be  pleased.  In  some  countries,  high  \alue  is 
set  upon  the  beauty  of  public  edifices ;  in  others,  the  pro- 
ductions of  art  are  treated  with  indifference,  and  every- 
thing which  is  un})roductive  is  regarded  with  contempt. 
In  some,  renown,  in  others,  money,  is  the  ruling  passion. 

Independently  of  the  laws,  all  these  causes  exercise  a 
powerful  influence  upon  the  conduct  of  the  finances  of 
the  state.  If  the  Americans  never  spend  the  money  of 
the  })eople  in  public  festivities,  it  is  not  merely  because  the 
taxes  are  under  the  control  of  the  peo})le,  but  because  the 
people  take  no  delight  in  festivities.  If  they  repudiate  all 
ornament  from  their  architecture,  and  set  no  store  on  any 
but  j)ractical  and  homely  advantages,  it  is  not  because  they 
live  under  democratic  institutions,  but  because  they  are  a 
commercial  nation.  The  habits  of  private  life  are  con- 
tinued in  public  ;  and  we  ought  carefully  to  distinguish 
that  economy  which  depends  upon  their  institutions  fi*om 
that  which  is  the  natural  result  of  their  habitudes  and 
manners. 


rii 


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280 


DEMUCUACV    IN   AMllUCA. 


M 

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']'■' 

■'v  ^ 

' 

WIIETHKIl   TIIK    KXPFNDITURK    OK   TUV.    T'MTF.D    STATK3    CAN 
UK    COMrAUKl)    WITH    THAT    OK    KIIANCK. 

Two  I'oiiitH  to  Iw  fstiildislied  in  onUsr  to  cstiiiiato  the  KxU'fit  of  the  I'ulilic 
Cliarj;c.s,  viz.  tlio  Nutioiml  VVniltii,  iind  tliu  Hutu  of  Taxation.  —  Tlio 
Wcallli  anil  tlio  Char^a-H  of  Fiance  not  accurately  known. —  Why  the 
Wciillh  ami  f!linrp'S  of  the  riiioii  cannot  \<i'  aciiiratciy  known.  —  Uo 
scaii'hcs  of  the  Author  to  di.scovcr  the  Amount  of  Taxation  of  IVnn.><yl- 
vania.  —  (iencral  Syinptoins  which  may  hcvo  to  indicate  the  Amount 
of  the  I'uhlic  Charges  in  a  |;iven  Nation.  —  Kcsult  of  tlii.s  Investigation 
for  the  Union. 

Maxy  attempts  liavo  recently  been  made  in  Franco  to 
compare  the  jmhlic  e.xpenilitni'e  of  that  country  witli  tlie 
expenditure  of  the  United  States.  All  these  attempts 
have,  however,  been  fruitless ;  and  a  few  words  will  suffice 
to  show  that  they  could  not  have  a  satisfactory  result. 

In  order  to  estimate  the  amount  of  the  public  charoes  of 
a  peoi)le,  two  pri'liminaries  are  indispens;d)le :  it  is  neces- 
sary, in  the  first  ])lace,  to  know  the  wealth  of  that  people ; 
and,  in  the  second,  to  learn  what  portion  of  that  wealth  is 
devoted  to  the  expenditure  of  the  state.  To  show  the 
amoinit  of  taxation  without  showino;  the  resources  which 
are  destined  to  meet  it,  would  be  a  futile  task ;  for  it  is  not 
the  expenditure,  but  the  relation  of  the  expenditure  to  the 
revenue,  which  it  is  desirable  to  know.  The  same  rate  of 
taxation  which  may  easily  be  supported  by  a  wealthy  con- 
tributor will  reduce  a  poor  one  to  extreme  misery. 

The  wealth  of  nations  is  composed  of  several  elements  ; 
real  property  is  the  first  of  these,  and  personal  property  the 
second.  It  is  difficult  to  know  precisely  the  amount  of 
cultivable  lan'l  in  a  country,  and  its  natural  or  acquired 
value  ;  and  it  is  still  more  difficult  to  estimate  the  whole 
personal  property  which  is  at  the  disposal  of  a  nation,  and 
which  eludes  the  strictest  analysis  by  the  diversity  and  the 
number  of  shapes  under  which  it  may  occur.     And,  in- 


in- 


GOVKHN'MKN'T    OF    TIIK    DKMOCKACY    IN    AMlilUCA.        281 

(1('»'(1,  wi>  find  tli;it  tlic  iiati()n><  (tf  Kiiropo  ulilcli  luivf  Im-ch 
tlic  IfdiLTt'^t  civili/.iMl,  incliidiii^'  even  tli(c>o  in  wiiifii  the  ml- 
ministnition  is  most  criitriili/i'd,  have  not  succcidtMl,  as  yet, 
in  (Icti'rniinino;  tlio  exact  amount  of  tiu'ir  wealtii. 

In  /Vmerica,  tiie  atteinj»t  has  never  been  nii'le;  tor  liow 
would  bucli  an  investi<j;ation  hi'  |tossil)li'  ii  a  new  oiuitry, 
where  society  has  not  yet  settled  into  tixed  and  tran<|uil 
liMl)its,  —  where  the  national  i;overnnient  is  not  a>si>ti'd  hv 
a  Muiltitude  of  aijents  whose  exertions  it  can  connnand  and 
direct  to  one  end,  —  and  wheri^  statistics  an*  not  studied, 
hecause  no  one  is  al»K'  to  collect  the  lU'cessarv  <locumi'nts, 
or  find  timi' to  peruse  them  ?  Thus  the  j»i-iniary  eli'jnents 
of  the  calculations  w  hich  have  heen  niadi'  in  France  can- 
not be  obtained  in  the  Union  ;  the  relatixc  wealth  of  the 
two  countries  is  unknown  :  the  property  of  the  former  is 
not  yet  accurately  determined,  and  no  means  exist  of  com- 
putiuLi'  that  of  the  latter. 

I  consent  therefore,  for  tlio  moment,  to  al»andon  this 
necessary  term  of  the  comparison,  and  I  confine  myself  to 
a  computation  of  the  actual  amount  of  taxation,  without 
investiiiatino;  the  ratio  of  tlie  taxation  to  the  revenue. 
But  the  reader  will  perceive  that  my  task  lias  not  been 
facilitated  bv  thus  narrowini;  the  cinde  (»f  mv  researches. 

It  cannot  be  doubted  that  the  central  administration  of 
France,  assisted  ])y  all  the  public  otttcers  w  ho  are  at  its  dis- 
posal, might  determine  precisely  the  amount  of  the  direct 
and  indirect  taxes  levied  u})on  the  citizens.  But  this  in- 
vestigation, which  no  })rivate  individual  can  inidertake,  has 
not  hitherto  been  C(mipleted  by  the  French  government, 
or,  at  least,  its  results  have  not  been  made  public.  We 
are  acquainted  with  the  sum  total  of  the  charges  of  the 
state ;  we  know  the  amonnt  of  the  departmental  expendi- 
ture ;  but  the  expenses  of  the  communes  have  not  been 
computed,  and  the  total  of  the  public  expenses  of  F'rance 
is  consequently  unknown. 


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282 


DEMOCRACY  IN  AMERICA. 


If  we  now  turn  to  America,  we  perceive  that  the  diffi- 
culties are  multiplied  and  enhanced.  Th .  Union  publishes 
an  exact  return  of  the  amount  of  its  expenditure ;  the 
brtlgets  of  the  four  and  twenty  States  publish  similar  re- 
turns ;  but  the  expenses  of  the  counties  and  the  townships 
are  unknown.* 

*  The  Americans,  as  we  have  seen,  have  four  separate  budgets,  —  the 
Union,  the  States,  the  counties,  and  the  townships  liaving  each  severally 
their  own.  During  my  stay  in  America,  I  made  every  endeavor  to  dis- 
cover tlie  amount  of  the  public  expenditure  in  the  townships  and  counties 
of  the  principal  States  of  the  Union ;  and  I  readily  obtained  the  budget 
of  the  larger  townships,  but  found  it  quite  impossible  to  procure  that  of  the 
smaller  ones.  I  possess,  however,  some  documents  relating  to  county  ex- 
penses which,  although  incomplete,  are  still  curious.  I  have  to  thank  Mr. 
Richards,  former  Mayor  of  Philadelphia,  fur  the  budgets  of  thirteen  of  the 
counties  of  Pennsylvania,  —  viz.  Lebanon,  Centre,  Franklin,  Fayette,  Mont- 
gomery, Luzerne,  Dauphin,  Butler,  Alleghany,  Columbia,  Northampton, 
Northumberland,  and  Philadelphia,  —  for  the  year  1830.  Their  population 
at  that  time  consisted  of  495,207  inhabitants.  On  looking  at  the  map  of 
Pennsylvania,  it  will  be  seen  that  these  thirteen  counties  are  scattered  in 
every  direction,  and  so  generally  affected  by  the  causes  which  usually  influ- 
ence the  condition  of  a  country,  that  they  may  fairly  be  supposed  to  turuish 
a  correct  average  of  the  financial  state  of  the  counties  of  Pennsylvania  in 
general.  The  expenses  of  these  counties  amounted,  in  the  3,  ear  18.30,  to 
about  $  342,900,  or  nearly  69  cents  for  each  inhabitant ;  and,  calculating 
that  each  of  them  contributed  in  the  same  year  about  $  2.43  towards  the 
Union,  and  about  72  cents  to  the  State  of  Pennsylvania,  it  appears  that  they 
each  contril)utcd,  as  their  share  of  all  the  public  expenses  (except  those  of 
the  townships),  the  sum  of  $3.84.  This  calculation  is  doubly  incomplete, 
as  it  applies  only  to  a  single  year  and  to  one  part  of  the  public  charges ;  but 
it  has  at  least  the  merit  of  not  being  conjectural. 

[This  estimate  probably  errs  by  excess.  In  the  American  Almanac  for 
1847,  a  careful  computation,  founded  on  numerous  returns,  makes  the  aggre- 
gate of  national  expenditure  for  each  inhabitant  97  cents ;  of  State  expen- 
diture, 50  cents  ;  of  town  or  city,  including  county,  expenditure,  92  cents ; 
—  making  the  total  cost  of  government  for  each  person  $  2.39.  Mr.  Liv- 
ingston, in  a  calculation  made  in  1832,  estimated  the  cost  of  government  ia 
the  United  States  at  an  average  of  $2.15  for  each  person.  In  1838,  Mr. 
H.  C.  Carey  of  Philadelphia  estimated  it  at  $2.19.  Allowing  for  the  dif- 
ferences created  by  the  lapse  of  years,  these  three  estimates,  founded  oa  in- 
dependent data,  agree  remarkably  well.  —  Am.  Ed.] 


GOVERNMENT   OF   THE  DEMOCRACY   IN   AMERICA.       283 


The  Foderiil  authority  cannot  oLhge  the  State  govern- 
ments to  throw  any  hght  upon  this  point ;  and  even  if 
these  o;ovcrnments  were  inclined  to  oive  their  simultaneous 
aid,  it  may  be  doubted  whetlier  they  are  able  to  furnish  a 
satisfactory  answer.  Independently  of  the  natural  difficul- 
ties of  the  task,  the  })olitical  organizjition  of  the  country 
would  hinder  the  success  of  their  efibrts.  The  county  and 
town  magistrates  are  not  appointed  by  the  authorities  of 
the  State,  and  are  not  subjected  to  their  control.  It  is 
therefore  allowable  to  suppose,  that,  even  if  the  State  was 
desirous  of  obtaining  the  returns  which  we  re(][uire,  its  de- 
siiin  would  be  counteracted  by  the  neglect  of  those  subor- 
dinate  officers  whom  it  would  be  obliged  to  employ.*     It  is 

*  Tliose  wlio  have  attempted  to  compare  tlie  expenses  of  France  and 
America  have  at  once  perceived,  tliat  no  sucii  comparison  could  he  drawn 
hutwcen  tiie  total  expenditm-cs  of  tlie  two  countries  ;  hut  they  have  endeav- 
ored to  contrast  detached  portions  of  this  expenditure.  It  may  readily  ho 
shown,  that  this  second  system  is  not  at  all  less  defective  than  the  first. 

If  I  attempt  to  compare  the  French  hudjret  with  the  hudf^et  of  the  Union, 
it  must  he  rcinemhered  that  the  latter  cmhvaces  much  fewer  ohjects  than  the 
centralized  government  of  the  former  country,  and  that  the  American  expen- 
diture must  consequently  he  much  smaller.  If  I  contrast  the  hudgets  of  the 
departments  with  those  of  tlie  States  wliich  constitute  the  Union,  it  must  he 
ohserved,  that,  as  the  States  have  the  supervision  of  more  numerous  and 
important  interests  tlian  the  departments,  their  expenditure  is  naturally 
more  considcrahle.  As  for  the  hudgets  of  the  counties,  nothing  of  the  kind 
occurs  in  the  French  system  of  finances ;  and  it  is  douhtful  whether  the  cor- 
responding expenses  in  France  should  he  referred  to  the  hudget  of  the  state, 
or  to  those  of  the  municipal  divisions. 

ISIunicipal  expenses  exist  in  hotli  countries,  hut  they  are  not  always  analo- 
gous. In  America,  the  townships  discharge  a  variety  of  ofKces  which  are 
rcscn'cd  in  France  to  the  departments,  or  to  the  state.  It  nuiy,  moreover, 
l)e  asked  what  is  to  he  understood  hy  the  municipal  expenses  of  America. 
The  organization  of  the  municipal  hodies  or  townships  dift'ers  in  the  several 
States.  Are  we  to  he  guided  by  what  occurs  in  New  England  or  in 
Georgia,  in  Pennsylvania  or  in  Illinois  1 

A  kind  of  analogy  may  very  readily  he  perceived  between  certain  budgets 
in  the  two  countries  ;  but  as  the  elements  of  which  they  are  composed  al- 
ways ditler  more  or  less,  uo  fair  comparison  can  be  instituted  between  them. 


i 


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Ilirti 


28-1 


DEMOCRACY  IN   AMERICA. 


in  fact  useless  to  inquire  what  tlie  Americans  might  do  to 
forward  this  incjuiry,  since  it  is  certain  that  they  liave  hith- 
erto done  notliino;.  Tliere  does  not  exist  a  single  individ- 
ual  at  the  present  day,  in  America  or  in  Europe,  Avho  can 
inform  us  what  each  citizen  of  the  Union  annually  con- 
tributes to  the  public  charges  of  the  nation.* 

Hence  Ave  must  conclude,  that  it  is  no  less  difficult  to 
coni[)are  the  social  expenditure,  than  it  is  to  estimate  the 
relative  wealth,  of  France  and  America.  I  will  even  add, 
that  it  would  be  dangerous  to  attempt  this  comparison ; 
for  when  statistics  are  not  based  upon  computations  which 

*  Even  if  we  knew  the  exact  pecuniary  contrihutions  of  every  French 
and  American  citi/en  to  the  coffers  of  the  state,  we  slioukl  only  come  at  a 
portion  of  tiie  trutli.  Governments  not  only  demand  su))plies  of  money, 
but  call  for  personal  services,  which  may  he  looked  upon  as  equivalent  to  a 
given  sum.  When  a  state  raises  an  army,  besides  the  pay  of  tiie  troops 
which  is  furiiislied  by  the  entire  nation,  each  soldier  must  give  up  his  time, 
the  value  of  which  depends  on  the  use  he  might  make  of  it  if  he  were  not 
in  the  service.  Tlie  same  remark  applies  to  the  militia  ;  the  citizen  who  is 
in  the  militia  devotes  a  certain  portion  of  valuable  time  to  the  maintenance 
of  the  public  security,  and  in  reality  surrenders  to  the  state  those  earnings 
which  he  is  prevented  from  gaining.  Many  other  instances  might  be  cited. 
Tlie  governments  of  France  and  America  both  levy  taxes  of  this  kind,  which 
weigh  upon  the  citizens ;  but  who  can  estimate  with  accuracy  their  relative 
amount  in  the  two  countries  1 

This,  however,  is  not  the  last  of  the  difficulties  which  prever.,  us  from 
comparing  the  expenditure  of  the  Union  with  that  of  France.  The  French 
government  contracts  certain  obligations  which  are  not  assumed  by  the  state 
in  America,  and  vim  vcrsu.  The  French  government  pays  the  clergy ;  in 
America,  the  voluntary  principle  prevails.  In  America,  there  is  a  legal  pro- 
vision for  the  poor  ;  in  France,  they  are  abandoned  to  the  charity  of  the 
public.  The  French  public  officers  are  paid  by  a  fixed  salary ;  in  America, 
they  are  allowed  certain  perquisites.  In  France,  contributions  in  labor  take 
place  on  very  few  roads,  —  in  America,  upon  almost  all  the  thoroughfare?  : 
in  the  former  country,  the  roads  are  free  to  all  travellers ;  in  the  latter,  turn- 
pikes abound.  All  these  differences  in  the  manner  in  which  taxes  are  levied 
in  the  two  countries  enhance  the  difficulty  of  comparing  their  expenditure  ; 
for  there  are  certain  expenses  which  the  citizens  would  not  be  subject  to,  or 
which  would  at  any  rate  be  less  considerable,  if  the  state  did  not  undertake 
to  act  in  their  name. 


_w^j.      A-     * 


GOVERNMENT    OF   THE   DEMOCRACY   IN   AMERICA.        28-") 

are  strictly  accurate,  they  mislead  instead  of  guiding  aright. 
The  mind  is  easily  imposed  upon  by  the  affectation  of  ex- 
actitude which  marks  even  the  misstatements  of  statistics ; 
and  it  adopts  with  confidence  the  errors  which  are  appar- 
elled in  the  forms  of  mathematical  truth. 

AVe  abandon,  therefore,  the  numerical  investigation,  with 
the  hoj)e  of  meeting  with  data  of  another  kind.  In  the 
absence  of  positive  documents,  we  may  form  an  oj)inion  as 
to  the  ])roportion  which  the  taxation  of  a  ])eople  bears  to 
its  real  wealth,  by  observing  whether  its  external  appear- 
ance is  flourishing;  whether,  after  having  paid  the  dues  of 
the  state,  the  poor  man  retains  the  means  of  subsistence, 
and  the  rich  the  means  of  enjoyment ;  and  whether  both 
classes  seem  contented  with  their  })osition,  seeking,-  how- 
ever, to  ameliorate  it  by  perpetual  exertions,  so  that  industry 
is  never  in  want  of  capital,  nor  capital  unemployed  by  in- 
dustry. The  observer  who  draws  his  inferences  from  these 
signs  w^ill,  undoubtedly,  be  led  to  the  conclusion,  that  the 
American  of  the  United  States  contributes  a  much  smaller 
portion  of  his  income  to  the  state  than  the  citizen  of 
France.     Nor,  indeed,  can  the  result  be  otherwise. 

A  portion  of  the  French  debt  is  the  consequence  of  tw^o 
invasions ;  and  the  Union  has  no  similar  calamity  to  fear. 
The  position  of  France  obliges  it  to  maintain  a  large  stand- 
ing army ;  the  isolation  of  the  Union  enables  it  to  have 
only  six  thousand  soldiers.  The  French  have  a  fleet  of 
three  hundred  sail ;  the  Americans  have  [18o2]  only  fifty- 
two  vessels.  How,  then,  can  the  inhabitant  of  the  Union 
be  taxed  as  heavily  as  the  inhabitant  of  France  ?  No  i)ar- 
allel  can  be  drawn  between  the  finances  of  two  countries 
so  differently  situated. 

It  is  by  examining  what  actually  takes  place  in  the  Un- 
ion, and  not  by  comparing  the  Union  with  France,  that  we 
can  judge  whether  the  American  government  is  really 
economical.     On  casting  my  eyes   over  the  different  re- 


1 


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11 


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286 


DEMOCRACY  IN  AMERICA. 


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publics  which  form  the  confederation,  I  perceive  that  their 
governments  often  lack  perseverance  in  their  undertakings, 
and  that  they  exercise  no  steady  control  over  the  men 
whom  they  employ.  I  naturally  infer  that  they  must  often 
spend  the  money  of  the  people  to  no  purpose,  or  consume 
more  of  it  than  is  really  necessary  for  their  enterprises. 
Faithful  to  its  popular  origin,  the  government  makes  great 
efforts  to  satisfy  the  wants  of  the  lower  orders,  to  open  to 
them  the  road  to  power,  and  to  diffuse  knowledge  and 
comfort  among  them.  The  poor  are  maintained,  immense 
sums  are  annually  devoted  to  public  instruction,  all  services 
are  remunerated,  and  the  humblest  agents  are  liberally 
paid.  This  kind  of  government  appears  to  be  useful  and 
rational,  but  I  am  constrained  to  admit  that  it  is  expensive. 

Wherever  the  poor  direct  public  affairs,  and  dispose  of 
the  national  resources,  it  appears  certain  that,  as  they  profit 
by  the  expenditure  of  the  state,  they  will  often  augment 
that  expenditure. 

I  conclude,  therefore,  without  having  recourse  to  inaccu- 
rate statistics,  and  without  hazarding  a  comparison  which 
might  prove  incorrect,  that  the  democratic  government  of 
the  Americans  is  not  a  cheap  government,  as  is  sometimes 
asserted  ;  and  I  fear  not  to  predict  that,  if  the  United  States 
are  ever  involved  in  serious  difficulties,  taxation  will  speed- 
ily be  raised  as  high  there  a  5  in  most  of  the  aristocracies  or 
the  monarchies  of  Europe. 

CORRUPTION  AND  THE  VICES  OF  THE  RULERS  IN  A  DEMOCRA- 
CY, AND  CONSEQUENT  EFFECTS  UPON  PUBLIC  MORALITY. 

Iq  Aristocracies,  Rulers  sometimes  endeavor  to  corrupt  the  People.  —  In 
Democracies,  Rulers  frequently  show  themselves  to  be  corrupt.  —  In  the 
former,  their  Vices  are  directly  prejudicial  to  the  Morality  of  the  People. 
—  In  the  latter,  their  indirect  Influence  is  still  more  pernicious. 

A  DISTINCTION  must  be  made,  when  aristocracies  and 
democracies  mutuallv  accuse  each  other  of  facilitatino;  cor- 


•acies  or 


GOVERNMENT  OF  THE  DEMOCRACY  IN  AMERICA.   287 

riiption.  In  aristocratic  governments,  those  wlio  are  placed 
at  tlie  lieatl  of  affairs  are  rich  men,  wlio  are  desirous  only 
of  power.  In  democracies,  statesmen  are  poor,  and  have 
tlieir  fortunes  to  make.  The  consequence  is,  that,  in  aris- 
tocratic states,  the  rulers  are  rarely  accessihle  to  corrup- 
tion, and  have  little  craving  for  money ;  whilst  the  reverse 
is  the  case  in  democratic  nations. 

But  in  aristocracies,  as  those  who  wish  to  attain  the  head 
of  affairs  possess  considerable  wealth,  and  as  the  number 
of  persons  by  whose  assistance  they  may  rise  is  compara- 
tively small,  the  government  is,  if  I  may  so  speak,  put  up 
at  auction.  In  democracies,  on  the  contrary,  those  who 
are  covetous  of  power  are  seldom  wealthy,  and  the  number 
of  those  who  confer  power  is  extremely  great.  Perhaps,  in 
democracies,  the  number  of  men  who  miMit  be  bouiiht  is 

"  or? 

not  smaller,  but  buyers  are  rarely  to  be  found ;  and,  be- 
sides, it  would  be  necessary  to  buy  so  many  persons  at 
once,  that  the  attempt  would  be  useless. 

Many  of  the  men  who  have  governed  France  during  the 
last  forty  years  have  been  accused  of  making  their  fortunes 
at  the  expense  of  the  state  or  its  allies ;  a  reproach  which 
was  rarely  addressed  to  the  public  men  of  the  old  mon- 
archy. But  in  France,  the  practice  of  bribing  electors  is 
almost  unknown,  whilst  it  is  notoriously  and  publicly  car- 
ried on  in  England.  In  the  United  States,  I  never  heard 
any  one  accused  of  spending  his  wealth  in  buying  votes ; 
but  I  have  often  heard  the  probity  of  public  officers  ques- 
tioned ;  still  more  frequently  have  I  heard  their  success 
attributed  to  low  intrigues  and  immoral  practices. 

If,  then,  the  men  who  conduct  an  aristocracy  sometimes 
endeavor  to  corrupt  the  people,  the  heads  of  a  democracy 
are  themselves  corrupt.  In  the  former  case,  the  morality 
of  the  people  is  directly  assailed ;  in  the  latter,  an  indirect 
influence  is  exercised  which  is  still  more  to  be  dreaded. 

As  the  rulers  of  democratic  nations  are  almost  always 


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288 


DKMOCRACY   IX   AMEIHCA. 


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suspected  of  dislionorable  coiuluct,  they  in  some  measure 
lend  tlie  autliority  of  tlie  government  to  tlie  base  practices 
of  wliicli  they  are  accused.  They  thus  afford  dangerous 
exanij)les,  wliicli  discourage  the  struggles  of  virtuous  inde- 
pendence and  cloak  with  authority  the  secret  designs  of 
wickedness.  If  it  be  asserted  that  evil  passions  are  found 
in  all  raid-cs  of  society  ;  that  they  ascend  the  throne  by 
hereditary  right ;  and  that  we  may  find  despicable  charac- 
ters at  the  head  of  aristocratic  nations,  as  well  as  in  the 
bosom  of  a  democracy,  —  the  plea  has  but  little  weight  in 
my  estimation.  The  corruption  of  men  who  have  casually 
risen  to  power  has  a  coarse  and  vulgar  infection  in  it, 
which  renders  it  dangerous  to  the  multitude.  On  the  con- 
trary, there  is  a  kind  of  aristocratic  refinement,  and  an  air 
of  grandeur,  in  the  depravity  of  the  gi-eat,  which  frequently 
prevent  it  from  spreading  abroad. 

The  people  can  never  penetrate  into  the  dark  labyrinth 
of  court  intrigue,  and  will  always  have  difficulty  in  detect- 
ing the  turpitude  which  lurks  under  elegant  manners,  re- 
fined tastes,  and  gracefld  language.  But  to  pillage  the 
public  pui'se,  and  to  sell  the  favors  of  the  state,  are  arts 
which  the  meanest  villain  can  understand,  and  hope  to 
practise  in  his  turn. 

Besides,  what  is  to  be  feared  is,  not  so  much  the  immo- 
rality of  the  great,  as  the  fact  that  immorality  may  lead  to 
greatness.  In  a  democracy,  private  citizens  see  a  man  of 
their  own  rank  in  life,  who  rises  from  that  obscure  position 
in  a  few  years  to  riches  and  power ;  the  spectacle  excites 
their  surprise  and  their  cnvj ;  and  they  are  led  to  inquire 
how  the  person  who  was  yesterday  tlieir  equal,  is  to-day 
their  ruler.  To  attribute  his  rise  to  his  talents  or  his  vir- 
tues is  unpleasant ;  for  it  is  tacitly  to  acknowledge  that 
they  are  themselves  less  virtuous  or  less  talented  than  he 
was.  They  are  therefore  led,  and  often  rightly,  to  im])ute 
his  success  mainly  to  some  of  his  vices ;  and  an  odious 


GOVERNMENT  OF  THE  DEMOCRACY  IN  AMERICA.   280 

connoetion  is  thus  formed  between  the  ideas  of  turpi- 
tude and  power,  unwortliiness  and  success,  utility  and 
disl)onor. 


EFFORTS    OF    WHICH    A    DEMOCllACY   IS    CAPABLE. 

The  Union  lias  only  had  one  Struf.'<;le  hitiicrto  for  its  Existence.  —  Knthu- 
siusin  at  the  Comment'cnicut  of  the  War.  —  Iiiditference  towards  its 
Close.  —  Difficulty  of  cstahlishinj^  Military  Conscription  or  Iniprcss- 
nieiit  of  Seamen  in  America.  —  Why  a  Democratic  I'eople  is  less  capa- 
ble than  any  other  of  sustained  Etibrt. 

I  WARN  the  reader  that  I  here  speak  of  a  government 
wliich  follows  the  real  will  of  the  people,  and  not  of  a  gov- 
ernment which  simply  commands  in  their  name.  Nothing 
is  so  irresistible  as  a  tyrannical  power  commanding  in  the 
name  of  the  peo})le,  because,  whilst  wielding  the  moral 
]K)wer  Avhich  belongs  to  the  will  of  the  greater  number,  it 
acts  at  the  same  time  with  the  quickness  and  persistence  of 
a  single  man. 

It  is  difficult  to  say  what  den;ree  of  effort  a  democratic 
government  may  be  capable  of  making  on  the  occurrence 
of  a  national  crisis.  No  great  democratic  republic  has 
hitherto  existed  in  the  world.  To  style  the  oligarchy 
wl.'i^'h  ruled  over  France  in  1793  by  that  name,  woidd  be 
an  insult  to  the  republican  form  of  government.  The 
United  States  afford  the  first  example  of  the  kind. 

The  American  Union  has  now  subsisted  for  half  a  cen- 
tury, and  its  existence  has  only  once  been  attacked, 
namely,  during  the  War  of  Independence.  At  the  com- 
mencement of  that  long  war,  extraordinary  efforts  were 
made  with   enthusiasm   for  the    service   of  the   country.* 

♦  One  of  the  most  singular,  in  my  opinion,  was  the  resolution  which  the 
Americans  took  of  temporarily  abandoning  the  use  of  tea.  Those  who 
know  that  men  usually  cling  more  to  their  habits  than  to  their  life,  will 
doubtless  admire  this  great  though  obscure  sacrifice,  wliich  was  made  by  a 
whole  people. 

13  B 


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290 


DEMOCRACY   IN   AMERICA. 


But  as  the  contest  was  prolonged,  private  selfishness  began 
to  reappear.  No  money  was  brought  into  the  public  treas- 
ury ;  few  recruits  could  be  raised  for  the  army  ;  the  jjcople 
still  wished  to  acquire  independence,  but  would  not  em- 
ploy the  only  means  by  which  it  could  be  obtained.  "Tax 
laws,"  says  Hamilton,  in  the  Federalist  (No.  12),  "•  have  in 
vain  been  multi})lied ;  new  methods  to  enforce  the  collec- 
tion have  in  vain  been  tried ;  the  public  expectation  has 
been  uniformly  disappointed ;  and  the  treasuries  of  the 
States  have  remained  empty.  The  popular  system  of  ad- 
ministration inherent  in  the  nature  of  popular  government, 
coinciding  with  the  real  scarcity  of  money  incident  to  a 
languid  and  mutilated  state  of  trade,  has  hitherto  defeated 
every  experiment  for  extensive  collections,  and  has  at 
length  taught  the  different  legislatures  the  folly  of  attempt- 
ing them." 

Since  that  period,  the  United  States  have  not  had  a  shi- 
gle  serious  war  to  carry  on.  In  order,  therefore,  to  know 
what  sacrifices  democratic  nations  may  impose  upon  them- 
selves, we  must  wait  until  the  American  people  are  obliged 
to  put  half  their  entire  income  at  the  disposal  of  the  gov- 
ernment, as  was  done  by  the  English ;  or  to  send  forth  a 
twentieth  part  of  its  population  to  the  field  of  battle,  as 
was  done  by  France. 

In  America,  the  conscription  is  unknown,  and  men  are 
induced  to  enlist  by  bounties.*  The  notions  and  habits  of 
the  people  of  the  United  States  are  so  opposed  to  compul- 
sory recruiting,  that  I  do  not  think  it  can  ever  be  sanc- 
tioned by  the  laws.  What  is  termed  the  conscription  in 
France,  is  assuredly  the  lieaviest  tax  upon  the  people ;  yet 
how  could  a  great  Continental  war  be  carried  on  without 

*  It  is  not  entirely  correct  to  say  that  the  conscription  is  unknown  in  the 
United  States.  Troops  were  drafted  from  the  militia  occasionally  during 
the  Revolution,  and  in  the  course  of  the  war  with  England  in  1812.  — Am. 
Eo. 


GOVERNMENT  OF  THE  DEMOCRACY  IX  AMERICA.   201 

it  ?  The  Americans  liave  not  adoptovl  tlio  Britisli  practice 
of  impressing  seamen,  and  tliey  liave  notliing  wliicli  cor- 
responds to  the  French  system  of  maritime  conscription  ; 
tlie  navy,  as  well  as  the  merchant  service,  is  sui)[»hed  by 
volnnteers.  But  it  is  not  easy  to  conceive  liow  a  ju-ople 
can  sustain  a  great  maritime  W!ir,  witliout  having  recourse 
to  one  or  tlie  other  of  these  two  systems.  Indeed,  the 
Union,  which  has  already  fought  with  honor  u})on  tlie  seas, 
has  never  had  a  numerous  fleet,  and  the  ec^uipment  of  its 
few  vessels  has  always  been  very  expensive. 

I  have  heard  American  statesmen  confess,  that  the  Un- 
ion will  with  difficulty  maintain  its  power  on  tlie  seas, 
without  adopting  the  system  of  impressment  or  maritime 
conscription;  but  the  difficulty  is  to  induce  the  people, 
who  exercise  the  supreme  authority,  to  submit  to  such 
measures. 

It  is  incontestable  that,  in  times  of  danger,  a  free  people 
display  far  more  energy  than  any  other.  But  I  incline  to 
believe  that  this  is  especially  true  of  those  free  nations  in 
which  the  aristocratic  element  preponderates.  Democracy 
appears  to  me  better  adapted  for  the  conduct  of  society  in 
times  of  peace,  or  for  a  sudden  effort  of  remarkable  vigor, 
than  for  the  prolonged  endurance  of  the  great  storms 
which  beset  the  political  existence  of  nations.  The  reason 
is  very  evident ;  enthusiasm  prompts  men  to  expose  them- 
selves to  dangers  and  privations ;  but  without  reflection, 
they  will  not  support  them  long.  There  is  more  calcula- 
tion even  in  the  imi)ulses  of  bravery,  than  is  generally 
supposed ;  and  although  the  iirst  eftbrts  are  made  by  pas- 
sion alone,  perseverance  is  mainiained  only  by  a  distinct 
view  of  Avhat  one  is  fighting  for.  A  portion  of  what  is 
dear  to  us  is  hazarded,  in  order  to  save  the  remainder. 

But  it  is  this  clear  perception  of  the  future,  founded 
upon  judgment  and  experience,  which  is  freipiently  want- 
ing in  democracies.     The  people  are  more  apt  to  feel  than 


:|i 


II: 


V(l 


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I'll  I    i:\\ 


(5 


11 


202 


DKMOCUACV    IN    AMKHICA. 


to  reason  ;  and  if  tlieir  prosent  sufforinrjs  are  gi'cat,  it  is  to 
be  feared  tliat  tlio  still  greater  sufferings  attendant  upon 
defeat  will  be  foro-otten. 

Anotlier  cause  tends  to  render  tbe  efforts  of  a  demo- 
cratic government  less  persevering  than  tliose  of  an  aris- 
tocracy. Not  only  are  the  lower  less  awake  than  the 
higher  orders  to  the  good  or  evil  chances  of  the  future,  but 
they  suffer  more  acutely  from  j)resent  privations.  The 
U'tble  exposes  his  life,  indeed,  but  the  cliance  of  f^lory  is 
ecjual  to  the  chance  of  liarm.  If  lie  sacrifices  a  large  por- 
tion of  his  income  to  the  state,  he  deprives  himself  for  a 
time  of  some  of  tlie  pleasures  of  affluence ;  but  to  the  poor 
man,  death  has  no  glory,  and  the  imposts  which  are 
merely  irksome  to  the  rich  often  deprive  him  of  the  neces- 
saries of  life. 

This  relative  weakness  of  democratic  republics  in  critical 
times  is,  perhaps,  the  greatest  obstacle  to  the  foundation  of 
such  a  republic  in  Europe.  In  order  that  one  such  state 
should  exist  in  the  European  world,  it  would  be  necessary 
that  similar  institutions  should  be  simultaneously  intro- 
duced into  all  the  other  nations. 

I  am  of  opinion  that  a  democratic  government  tends,  in 
the  long  run,  to  increase  the  real  strength  of  society ;  but 
it  can  never  combine,  upon  a  single  point  and  at  a  given 
time,  so  much  power  as  an  aristocracy  or  an  absolute  mon- 
archy. If  a  democratic  country  remained  during  a  whole 
century  subject  to  a  republican  government,  it  would  prob- 
ably, at  the  end  of  that  period,  be  richer,  more  populous, 
and  more  prosperous,  than  the  neighboring  despotic  states. 
But  during  that  century,  it  would  often  have  incurred  the 
risk  of  being  conquered  by  them. 


GOVERNMENT    OF   THE   DEMOCRACY    IN   AMERICA.       1^1)3 


SELF-CONTROL   OF   THE    AMERICAN    DEMOCRACY. 


The  American  People  accjuiescc  slowly,  and  sometimes  do  not  acquiesce,  in 
wliat  is  benciicittl  to  its  Interests.  —  Tiio  Faults  of  tlio  Anicriean  De- 
mocracy are,  for  the  most  part,  reparal)le. 

The  difficulty  which  a  democracy  finds  in  conqiu'rini; 
tlie  passions  and  subduing  the  desires  of  the  moment  fnjm 
a  view  to  tlie  future,  is  obsei'vable  in  the  United  States  in 
the  most  trivial  things.  Tiie  [)eo]>le,  surrounded  l)y  flat- 
terers, find  great  difficulty  in  surmounting  their  inclina- 
tions ;  whenever  they  are  required  to  undergo  a  jtrivation 
or  any  inconvenience,  even  to  attain  an  end  sanctioni-d  by 
their  own  rational  conviction,  they  almost  always  refuse  at 
first  to  comply.  The  deference  of  the  Americans'  to  the 
laws  has  been  justly  applauded  ;  but  it  must  be  added,  that, 
in  America,  the  legislation  is  made  by  the  peoi)le  and  for 
the  people.  Consequently,  in  the  United  States,  the  law 
favors  those  classes  which  elsewhere  are  most  interested  in 
evading  it.  It  may  therefore  be  supposed,  that  an  offen- 
sive law,  of  which  the  majority  should  not  see  the  imme- 
diate utility,  would  either  not  be  enacted  or  not  obeyed. 

In  America,  there  is  no  law  against  fraudulent  bank- 
ruptcies, not  because  they  are  few,  but  because  they  are 
many.  The  dread  of  being  prosecuted  as  a  bankrupt  is 
greater  in  the  minds  of  the  majority  than  the  fear  of  being 
ruined  by  the  bankruptcy  of  others ;  and  a  sort  of  guilty 
tolerance  is  extended  by  the  public  conscience  to  an  offence 
which  every  one  condemns  in  his  individual  capacity.  In 
the  new  States  of  the  Southwest,  the  citizens  generally 
take  justice  into  their  own  hands,  and  murders  are  of  fre- 
quent occurrence.  This  arises  from  the  rude  manners  and 
the  io;norance  of  the  inhabitants  of  those  deserts,  who  do 
not  perceive  the  utility  of  strengthening  the  law,  and  who 
prefer  duels  to  prosecutions. 


;:1' 


<  1 


'   i'l 


m 


2i)4 


DEMOCRACY   IN    AMKRICA. 


Soino  Olio  ()bsorvt!(l  to  mo  ono  diiy,  in  Phihulolpliiji,  tliat 
almost  all  (rimes  In  Amorica  aro  causod  by  tho  abiiso  of 
intoxicating  liijuors,  wliicii  the;  lowor  olasso.s  can  procnro  in 
^roat  abundance  from  tlioir  clieapness.  "  How  comes  it," 
said  I,  "  tliat  you  do  not  put  a  (hity  upon  brandy  V " 
"■Our  leo;islators,"  rejoined  my  informant,  "  liave  fre- 
(juently  thoun;lit  of  this  expedient ;  l)ut  tiie  task  is  dilH- 
cuit :  a  revolt  mi^lit  bo  ap[)reliended  ;  and  the  members 
who  should  vote  for  such  a  law  would  bo  sure  of  losinu- 
their  seats."  "  Whence  I  am  to  infer,"  replied  I,  ''  that 
drunkards  aro  tho  majority  in  your  country,  and  that  tem- 
])oranco  is  unpopular." 

AVlien  these  thin<;s  are  pointed  out  to  tho  American 
statesmen,  they  answer,  "  Leave  it  to  time,  and  experi- 
ence of  tho  evil  will  teach  tho  people  their  true  interests." 
This  is  frequently  true :  though  a  democracy  is  more  liable 
to  error  than  a  monarch  or  a  body  of  nobles,  the  chances 
of  its  regaining  tho  right  path,  when  once  it  has  acknowl- 
edged its  mistake,  are  greater  also ;  because  it  is  rarely 
embarrassed  by  interests  which  conflict  with  those  of  the 
majority,  and  resist  tho  authority  of  reason.  But  a  de- 
mocracy can  obtain  truth  only  as  the  result  of  experience ; 
and  many  nations  may  perish  whilst  they  are  awaiting  tho 
consequences  of  their  errors.  The  great  privilege  of  the 
Americans  does  not  consist  in  being  more  enlightened  than 
other  nations,  but  in  being  able  to  repair  the  faults  they 
may  commit. 

It  must  be  added,  that  a  democracy  cannot  profit  by 
past  experience,  unless  it  has  arrived  at  a  certain  pitch  of 
knowledge  and  civilization.  There  are  nations  whose  first 
education  has  been  so  vicious,  and  whose  character  pre- 
sents so  strange  a  mixture  of  passion,  ignorance,  and  erro- 
neous notions  upon  all  subjects,  that  they  are  unable  to 
discern  the  causes  of  their  own  wretchedness,  and  they  fall 
a  sacrifice  to  ills  of  which  they  are  ignorant. 


«itiii 


GOVr.nNMKXT   OF   THE   DKMOCKACY   IN    AMKIMCA.        295 


I  liavi'  crossi'd  vast  tracts  of  country  foriuci'ly  iiiliahitcd 
hy  ]M>\vcrrul  Indian  nations  wlio  ai'i'  now  extinct ;  I  liave 
passed  sonic  time  anion;^  rcnniants  of  tril)cs,  wliicli  wit- 
ness tlie  daily  decline  of  tlieir  iiunilxTs,  and  of  tlie  ;:;lory 
of  tlieii*  indei>i'ndcnce ;  and  I  have  lu-ard  these  Indians 
tiienisi'lves  anticipate  the  imp*  iidin;:;  doom  of  their  race. 
Every  lOuropean  can  ])erceive  means  which  would  rescue 
tlieso  unfortunate  heings  from  tlu»  destruction  otherwises 
inevitahle.  They  alone  are  insensihle  to  the  ri'mcdy  ;  they 
Icel  the  woes  which  year  after  year  hca]»s  uj)on  their 
heads,  but  they  will  pi-rish  to  a  man  without  accepting 
the  cure.  Force  wcjuld  liave  to  bo  employed  to  compel 
them   to   live. 

Tiie  incessant  revohitions  whicli  have  convulsed  the 
South  American  states  for  the  last  quarter  of  a  century 
are  regarded  with  astonishment,  and  we  are  constantly 
jiopino;  that,  erelong,  they  will  retiu'n  to  -what  is  called 
their  natural  state.  But  who  can  affirm  tbat  revolutions 
arc  not,  at  the  present  time,  the  most  natural  state  of  the 
South  American  Spaniards  ?  In  that  country,  society  is 
struofilino;  in  the  dei)ths  of  an  abyss  wlience  its  own  efforts 
are  insufficient  to  rescue  it.  The  inhabitants  of  that  fliir 
portion  of  the  Western  hemisphere  seem  obstinately  bent 
on  the  work  of  destroying  each  other.  If  they  fall  into 
momentary  quiet,  from  exhaustion,  that  repose  soon  pre- 
pares them  for  a  new  frenzy.  When  I  consider  their  con- 
dition, alternating  between  misery  and  crime,  I  am  tempt- 
ed to  believe  that  despotism  itself  would  be  a  blessing  to 
them,  if  it  were  possible  that  the  words  despotism  and 
blessing  could  ever  be  united  in  my  mind. 


li'? 


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DEMOCRACY   IN   AMERICA. 


I  IJV 


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iiii 


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CONDUCT   OF   FOREIGN    AFFAIRS    BY   THE    AMERICAN 

DEMOCRACY. 

Direction  jfivcn  to  tho  Foreign  Policy  of  tlic  Uiiltcd  States  by  Wasliinfrton 
and  Jefferson.  —  Almost  all  the  Defects  inherent  in  Democratic  Institu- 
tions arc  hroug-ht  to  Lijiht  in  the  Conduct  of  Foreign  Aflairs;  their  Ad- 
vantages are  less  perceptible. 

We  liave  seen  that  the  Federal  Constitution  intrusts  the 
permanent  direction  of  tlie  external  interests  of  the  nation 
to  the  President  and  the  Senate,*  Avhicli  tends  in  some  de- 
gree to  detach  the  general  foreign  jiolicy  of  the  Union  from 
the  direct  control  of  the  people.  It  cannot,  therefore,  be 
asserted  with  truth,  that  the  foreign  affairs  of  the  state  are 
conducted  by  the  democracy. 

The  jiolicy  of  America  received  a  direction  from  two 
men,  —  Washington  and  Jefferson,  —  which  it  observes  to 
the  present  day.  Washington  said,  in  the  admirable  Fare- 
well Address  which  he  made  to  his  fellow-citizens,  and 
which  may  be  regarded  as  his  political  testament :  — 

"  Tho  oreat  rule  of  conduct  for  us  in  reo-ard  to  foreion 
nations  is,  in  extending  our  commercial  relations,  to  have 
with  them  as  little  ^)t>?«V/ca?  connection  as  possible.  So  far 
as  we  have  already  formed  engagements,  let  them  be  ful- 
filled with  perfect  good  faith.     Here  let  us  stop. 

"  Europe  has  a  set  of  primary  interests,  which  to  us 
have  none,  or  a  very  remote  relation.  Hence  she  must 
be  engaged  in  frequent  controversies,  the  causes  of  which 
are  essentially  foreign  to  our  concerns.  Hence,  therefore, 
it  must  be  unwise  in  us  to  implicate  ourselves,  by  artifi- 
cial ties,  in  the  ordinaiy  vicissitudes  of  her  politics,  or  the 

*  "  The  President,"  says  the  rionstitution,  Art.  II.  sect.  2,  §  2,  "  sliall 
have  power,  by  and  with  the  advice  and  consent  of  the  Senate,  to  make 
treaties,  provided  two  thirds  of  the  Senators  prcscnt  concur."  The  reader 
is  reminded  that  the  Senators  arc  returned  for  a  term  of  six  years,  and  that 
they  arc  chosen  by  the  legislature  of  each  State. 


GOVERXMKXT    OF   THE   DEMOCRACY   IN    AMERICA.        297 


orcHnaiy  combinations  vind  collisions  of  licr  friendships  or 
enmities. 

"  Onr  detached  and  distant  situation  invites  and  enables 
us  to  pursue  a  dift'erent  course.  If  we  remain  one  people, 
under  an  efficient  government,  the  period  is  not  far  off 
when  we  may  defy  material  injury  from  external  annoy- 
ance ;  when  we  may  take  such  an  attitude  as  will  cause 
the  neutrality  we  may  at  any  time  resolve  upon  to  be 
scrupulously  respected ;  Avhen  bellio-erent  nations,  under 
the  impossibility  of  making  acquisitions  upon  us,  Avill  not 
lightly  hazard  the  giving  us  provocation  ;  when  we  may 
choose  peace  or  war,  as  our  interest,  guided  by  justice, 
shall  counsel. 

"  Why  forego  the  advantages  of  so  peculiar  a  situation  ? 
Why  quit  our  own  to  stand  upon  foreign  ground  ?  Why, 
by  interweaving  our  destiny  with  that  of  any  part  of  Eu- 
I'ope,  entangle  our  peace  and  prosperity  in  the  toils  of 
European  ambition,  rivalship,  interest,  humor,  or  caprice  ? 

"  It  is  our  true  policy  to  steer  clear  of  j)ermanent  alli- 
ances with  any  portion  of  the  foreign  world,  —  so  far,  I 
mean,  as  we  are  now  at  liberty  to  do  it ;  for  let  me  not  be 
T-  iderstood  as  capable  of  patronizing  infidelity  to  existing 
engagements.  I  hold  the  maxim  no  less  applicable  to  j)ub- 
lic  than  to  private  affairs,  that  honesty  is  always  the  best 
policy.  I  repeat  it,  therefore,  let  those  engagements  be 
observed  in  their  genuine  sense  ;  but  in  my  opinion  it  is 
unnecessary,  and  would  be  unwise,  to  extend  them. 

"  Taking  care  always  to  keep  ourselves,  by  suitable  es- 
tabliohments,  in  a  respectable  defensive  posture,  we  may 
safely  trust  to  temporary  alliances  for  extraordinary  emer- 
gencies." 

In  a  previous  part  of  the  same  Address,  Washington 
makes  this  admirable  and  just  remark :  "  The  nation  which 
indulges  towards  another  an  habitual  hatred,  or  an  habit- 
ual fondness,  is  in  some  degree  a  slave.     It  is  a  slave  to  its 

13* 


i  .'« 


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298 


DEMOCRACY  IN  AMERICA. 


animosity  or  to  its  affection,  either  of  wliicli  is  sufficient  to 
lead  it  astray  from  its  duty  and  its  interest." 

Tiie  political  conduct  of  Washington  was  always  guided 
by  these  maxims.  Ho  succeeded  in  maintaining  his  coun- 
try in  a  state  of  peace  whilst  all  the  other  nations  of  the 
globe  were  at  war  ;  and  he  laid  it  down  as  a  fundamental 
doctrine,  that  the  true  interest  of  the  Americans  consisted 
in  a  i)erfect  neutrality  with  regard  to  the  internal  dissen- 
sions of  the  European  powers. 

Jefferson  went  still  further,  and  introduced  this  other 
maxim  into  the  policy  of  the  Union,  —  that  "the  Amer- 
icans ought  never  to  solicit  any  privileges  from  foreign 
nations,  in  order  not  to  be  obliged  to  grant  similar  privi- 
leges themselves. 

These  two  principles,  so  plain  and  just  as  to  be  easily 
understood  by  the  people,  have  greatly  simplified  the  for- 
eign policy  of  the  United  States.  As  the  Union  takes  no 
part  in  the  affairs  of  Europe,  it  has,  properly  speaking,  no 
foreign  interests  to  discuss,  since  it  has,  as  yet,  no  powerful 
neighbors  on  the  American  continent.  The  country  is  as 
much  removed  from  the  passions  of  the  Old  World  by  its 
position  as  by  its  wishes,  and  it  is  neither  called  upon  to 
repudiate  nor  to  espouse  them  ;  whilst  the  dissensions  of 
the  New  World  are  still  concealed  within  the  bosom  of  the 
future. 

The  Union  is  free  from  all  pre-existing  obligations ;  it 
can  profit  by  the  experience  of  the  old  nations  of  Europe, 
without  being  obliged,  as  they  are,  to  make  the  best  of  the 
past,  and  to  adapt  it  to  their  present  circumstances.  It  is 
not,  like  them,  compelled  to  accept  an  immense  inheritance 
bequeathed  by  their  forefathers,  —  an  inheritance  of  glory 
mingled  with  calamities,  and  of  alliances  conflicting  with 
national  antipathies.  The  foreign  policy  of  tlie  United 
States  is  eminently  expectant ;  it  consists  more  in  abstain- 
ing than  in  acting. 


GOVERNMENT   OF   THE   DEMOCRACY   IN   AMERICA. 


299 


It  is  therefore  very  difficult  to  ascertain,  at  present,  what 
degree  of  sagacity  the  American  democracy  will  display  in 
the  conduct  of  the  foreign  policy  of  the  country ;  u})on 
this  point,  its  adversaries  as  well  as  its  friends  must  sus- 
pend their  judgment.  As  for  myself,  I  do  not  hesitate  to 
say  that  it  is  especially  in  the  conduct  of  their  foreign  rela- 
tions that  democracies  appear  to  me  decidedly  inferior  to 
other  governments.  Experience,  instruction,  and  habit  al- 
most always  succeed  in  creating  in  a  democracy  a  homely 
species  of  practical  wisdom,  and  that  science  of  the  l)etty 
occurrences  of  life  which  is  called  j>ood  sense.  Good  sense 
may  suffice  to  direct  the  ordinary  course  of  society  ;  and 
amongst  a  people  whose  education  is  comjjleted,  the  advan- 
tages of  democratic  liberty  in  the  internal  affiiirs  of  the 
country  may  more  than  compensate  for  the  evils  inherent 
in  a  democratic  government.  But  it  is  not  always  so  in 
the  relations  with  foreign  nations. 

Foreign  politics  demand  scarcely  any  of  those  qualities 
which  are  peculiar  to  a  democracy  ;  they  require,  on  the 
contrary,  the  perfect  use  of  almost  all  those  in  which  it  is 
deficient.  Democracy  is  favorable  to  the  increase  of  the 
internal  resources  of  a  state  ;  it  diffuses  w^ealth  and  com- 
fort, promotes  public  spirit,  and  fortifies  the  respect  for  law 
in  all  classes  of  society  :  all  these  are  advantages  which 
have  only  an  indirect  influence  over  the  relations  which 
one  people  bears  to  another.  But  a  democracy  can  only 
with  great  difficulty  regulate  the  details  of  an  important 
undertaking,  persevere  in  a  fixed  design,  and  work  out  its 
execution  in  spite  of  serious  obstacles.  It  cannot  combine 
its  measures  with  secrecy,  or  await  their  consequences  with 
patience.  These  are  qualities  which  more  especially  be- 
long to  an  individual  or  an  aristocracy  ;  and  they  are  pre- 
cisely the  qualities  by  which  a  nation,  like  an  individual, 
attains  a  dominant  position. 

If,  on  the  contraiy,  we  observe  the  natural  defects  of 


IV; 


300 


DEMOCRACY   IN   AJIKRICA. 


11 


M  l 


aristocracy,  we  shall  find  that,  comparatively  speaking, 
they  do  not  injure  the  direction  of  the  external  affairs  of 
the  state.  The  capital  fault  of  which  aristocracies  may  be 
accused  is,  that  they  work  for  themselves,  and  not  for  the 
people.  In  foreign  politics,  it  is  rare  for  the  interest  of  the 
aristocracy  to  be  distinct  from  that  of  the  people. 

The  propensity  which  induces  democracies  to  obey  im- 
I)ulse  rather  than  prudence,  and  to  abandon  a  mature  de- 
sign for  the  gratification  of  a  momentary  passion,  was 
clearly  seen  in  America  on  the  breakino;  out  of  the  French 
Revolution.  It  was  then  as  evident  to  the  simplest  capaci- 
ty, as  it  is  at  the  present  time,  that  the  interest  of  the 
Americans  forbade  them  to  take  any  part  in  the  contest 
which  was  about  to  deluge  Europe  with  blood,  but  which 
could  not  injure  their  own  country.  But  the  sympathies 
of  the  people  declared  themselves  with  so  much  violence  in 
favor  of  France,  that  noining  but  the  inflexible  character 
of  Washington,  and  the  immense  popularity  which  he  en- 
joyed, could  have  prevented  the  Americans  from  declaring 
war  against  Englar.d.  And  even  then,  the  exertions  which 
the  austere  reason  of  that  great  man  made  to  repress  the 
generous  but  imprudent  passions  of  his  fellow-citizens  near- 
ly deprived  him  of  the  sole  recompense  which  he  ever 
claimed,  —  that  of  his  coi  iitry's  love.  The  majority  rep- 
robated his  policy,  but  it  was  afterwards  approved  by  the 
whole  nation  * 


*  See  the  fifth  volume  of  Marshall's  "  Life  of  Washington."  "  In  a 
government  constituted  Uke  that  of  the  United  States,"  he  says,  "it  is  im- 
possible for  tlie  chief  magistrate,  however  firm  he  may  be,  to  oppose  for  any 
length  of  time  the  torrent  of  popular  opinion ;  and  the  prevalent  opinion  of 
that  day  seemed  to  incline  to  war.  In  fact,  in  the  session  of  Congress  held 
at  the  time,  it  was  frequently  seen  that  Washington  had  lost  the  majority  in 
the  House  of  Representatives."  The  violence  of  the  language  used  against 
him  in  public  was  extreme,  and,  in  a  political  meeting,  they  did  not  scruple 
to  compare  him  indirectly  with  the  traitor  Arnold.  "  By  the  opposition," 
says  Marshall,  "  the  friends  of  the  administration  were  declared  to  be  an 


GOVERNMENT  OK  THE  DEMOCRACY  IN  AMERICA.   30l 


If  the  Constitution  and  the  flivor  of  the  puhlic  liad  not 
intrusted  the  direction  of  the  forei<^n  afi'airs  of  tlie  country 
to  Wasliington,  it  is  certain  tliat  the  American  nation 
would  at  that  time  have  adopted  the  very  measures  which 
it  now  condemns. 

Almost  all  the  nations  which  have  exercised  a  powerful 
influence  upon  the  destinies  of  the  world,  by  conceivino;, 
followino;  out,  and  executincj  vast  desio;ns,  from  the  Romans 
to  the  Enolish,  have  been  governed  bv  aristocratic  insti- 
lutions.  Nor  will  this  be  a  subject  of  wonder,  when  we 
recollect  that  nothing  in  the  world  has  so  absolute  a  fixity 
of  puri)0se  as  an  aristocracy.  The  mass  of  the  people  may 
be  led  astray  by  ignorance  or  passion  ;  the  mind  of  a  king 
may  be  biassed,  and  made  to  vacillate  in  his  designs',  and, 
besides,  a  king  is  not  immortal.  But  an  aristocratic  body 
is  too  numerous  to  be  led  astray  by  intrigue  ;  and  yet  not 
numerous  enough  to  yield  readily  to  the  intoxication  of 
unreflecting  passion.  An  aristocracy  is  a  firm  and  en- 
lightened individual  that  never  dies. 


% 


*, 


aristocratic  and  corrupt  faction,  who,  from  a  desire  to  introduce  monarchy, 
were  hostile  to  France,  and  under  the  influence  of  Britain  ;  that  they  were 
a  paper  nobility,  whose  extreme  .sensibility  at  every  measure  which  thi'cat- 
cned  the  funds  induced  a  tame  su])mission  to  injuries  and  insults  which  the 
interests  and  honor  of  the  nation  required  them  to  resist." 


302 


DEMOCRACY  IN  AMKIilCA. 


■I  if 


II 


1 


I 


i 


h'i 


■ '  [ 


1 


■♦■;■ 

J, it  . 


CHAPTER    XIV. 

WHAT   ARE    THE    REAL    ADVANTAGES   WHICH    AMERICAN    SOCI- 
ETY  DERIVES   FROM   A   DEMOCRATIC    GOVERNMENT. 

BEFORE  entering  upon  the  present  cliapter,  I  must 
remind  tlie  reader  of  what  I  have  more  than  once  ob- 
served in  tliis  book.  The  pohtical  constitution  of  the  United 
States  appears  to  me  to  be  one  of  tlie  forms  of  government 
which  a  democracy  may  adopt ;  but  I  do  not  regard  the 
American  Constitution  as  the  best,  or  as  the  only  one, 
which  ii  democratic  people  may  establish.  In  showing  the 
advantages  which  the  Americans  derive  fi'om  the  govern- 
ment  of  democracy,  I  am  therefore  very  far  from  affirming, 
or  believing,  that  similar  advantages  can  be  obtained  only 
from  the  same  laws. 


GENERAL  TENDENCY  OF  THE  LAWS  UNDER  THE  AMERICAN 
DEMOCRACY,  AND  INSTINCTS  OF  THOSE  WHO  APPLY 
THEM. 

Defects  of  a  Democratic  Government  easy  to  be  discovered.  —  Its  Advan- 
tages discerned  only  by  long  Observation.  —  Democracy  in  America 
often  inexpert,  but  the  general  Tendency  of  tlie  Laws  is  advantageous. 
—  In  the  American  Democracy,  Public  Officers  have  no  Permanent  In- 
terests distinct  from  those  of  the  Majority.  —  Results  of  this  State  of 
Things. 

The  defects  and  weaknesses  of  a  democratic  govern- 
ment may  readily  be  discovered ;  they  are  demonstrated  by 
flagrant  instances,  whilst  its  salutary  influence  is  insensible, 
and,  so  to  speak,  occidt.     A  glance  suffices  to  detect  its 


ADVANTAGES   OF   DEMOCIiACY. 


803 


faults,  but  its  good  qualities  can  bo  cliscorned  only  by  lono- 
observation.  The  laws  of  the  American  democracy  are 
frequently  defective  or  incomplete ;  they  sometimes  attack 
vested  rin;lits,  or  sanction  others  which  are  dangerous  to 
the  community ;  and  even  if  they  were  good,  their  fre- 
quency would  still  be  a  great  evil.  How  comes  it,  then, 
that  the  American  republics  prosper  and  continue  ? 

In  the  consideration  of  laws,  a  distinction  must  be  care- 
fully observed  between  the  end  at  which  they  aim,  and  the 
means  by  which  they  pursue  that  end ;  between  their  txh- 
solute  and  their  relative  excellence.  If  it  be  the  intention 
of  the  legislator  to  favor  the  interests  of  the  minority  at 
the  expense  of  the  majority,  and  if  the  measures  he  takes 
are  so  combined  as  to  accomplish  the  object  he  has  in  view 
with  the  least  possible  expense  of  time  and  exertion,  the 
law  may  be  well  drawn  up,  although  its  purpose  is  bad ; 
and  the  more  efficacious  it  is,  the  more  dangerous  it 
will  be. 

Democratic  laws  ':enerally  tend  to  promote  the  welfare 
of  the  greatest  po&sible  number ;  for  they  emanate  from 
the  majority  of  the  citizens,  who  are  subject  to  error,  but 
who  cannot  have  an  interest  opposed  to  their  own  advan- 
tage. The  laws  of  an  aristocracy  tend,  on  the  contrary, 
to  concentrate  wealth  and  power  in  the  hands  of  the 
minority ;  because  an  aristocracy,  by  its  very  nature,  con- 
stitutes a  minority.  It  may  therefore  be  asserted,  as  a 
general  proposition,  that  the  purpose  of  a  democracy  in 
its  legislation  is  more  useful  to  humanity  than  that  of  an 
aristocracy.     This  is,   however,   the    sum    total  of  its  ad- 


vantages. 


Aristocracies  are  infinitely  more  expert  in  the  science  of 
k^gislation  than  democracies  ever  can  be.  They  are  pos- 
sessed of  a  self-control  which  protects  them  from  the  errors 
of  temporary  excitement ;  and  they  form  far-reaching  de- 
signs, which  they  know  how   to  mature  till    a   favorable 


s 

1 

ml 

' 

304 


DK.MOCKACY    IX    AMl'.IilCA. 


opfjortuiilty  arrives.  Aristocratic  <j;()verninent  proceeds 
witli  tliu  dexterity  of  art;  it  understands  liow  to  make  tlie 
collective  force  of  all  its  laws  convero;e  at  the  same  time  to 
a  given  point.  Such  is  not  the  case  with  democracies, 
whose  laws  are  almost  always  ineti'ective  or  inop])ortune. 
The  means  of  democracy  are  therefore  more  imperfect  than 
those  of  aristocracy,  and  the  measures  which  it  unwittingly 
adopts  are  frequently  opposed  to  its  own  cause ;  but  the 
object  it  has  in  view  is  more  useful. 

Let  us  now  imagine  a  community  so  organized  by  na- 
ture, or  by  its  constitution,  that  it  can  sup])ort  the  transi- 
tory action  of  bad  laws,  and  that  it  can  await,  without 
destruction,  the  (jeneral  tendenci/  of  its  legislation  :  we  shall 
then  conceive  how  a  democratic  government,  notwithstand- 
ing its  faults,  may  be  best  fitted  to  produce  the  })rosperity 
of  this  community.  This  is  precisely  what  has  occurred 
in  the  United  States ;  and  I  repeat,  what  I  have  before 
remarked,  that  the  great  advantage  of  the  Americans  con- 
sists in  their  being  able  to  commit  faults  which  they  may 
afterAvards  repair. 

An  analogous  observation  may  be  made  respecting  pub- 
lic officers.  It  is  easy  to  perceive  that  the  American  de- 
mocracy frequently  errs  in  the  choice  of  the  individuals  to 
whom  it  intrusts  the  power  of  the  administration  ;  but  it 
is  more  difficult  to  say  why  the  state  prospers  under  their 
rule.  In  the  first  place,  it  is  to  be  remarked,  that  if,  in  a 
democratic  state,  the  governors  have  less  honesty  and  less 
capacity  than  elsewhere,  the  governed  are  more  enlight- 
ened "nd  more  attentive  to  their  interests.  As  the  people 
in  democracies  are  more  constantly  vigilant  in  their  affiiirs, 
and  more  jealous  of  their  rights,  they  prevent  their  repre- 
sentatives from  abandoning  that  general  line  of  conduct 
which  their  own  interest  prescribes.  In  the  second  place, 
it  must  be  remembered,  that,  if  the  democratic  magistrate  is 
more  apt  to  misuse  his  power,  he  possesses  it  for  a  shorter 


ADVANTAGES  OF  DEMOCRACY. 


005 


by  na- 


tinic.  But  tliero  is  yet  anotlior  reason  wliicli  is  still  more 
gviienil  iiiul  conclusive.  It  is  no  doubt  of  importance  to 
the  welfare  of  nations  that  they  should  be  ^^overned  l)y 
men  of  talents  and  virtue;  but  it  is  perhaps  still  more  im- 
portant for  tliem  tbat  the  interests  of  those  men  sliould  not 
(litfer  from  the  interests  of  the  community  at  laro;t' ;  for  if 
such  were  the  case,  their  virtues  might  become  almost  use- 
less, and  their  talents  might  be  turned  to  a  bad  account.  I 
have  said  that  it  is  important  that  the  interests  of  the  per- 
sons in  autliority  sliould  not  differ  from  or  oppose  the  in- 
terests of  the  community  at  large ;  but  1  (h)  not  insist  upon 
tiieir  having  the  same  interests  as  the  ivhole  ponulation, 
becaiise  I  am  not  aware  that  such  a  state  of  things  ever 
existed  in  any  country. 

No  poHtical  form  lias  hitherto  been  discovered  wliich  is 
equally  favorable  to  the  prosperity  and  the  development  of 
all  the  classes  into  which  society  is  divided.  These  classes 
continue  to  form,  as  it  were,  so  many  distinct  communities 
in  the  same  nation ;  and  experience  has  shown  that  it  is  no 
less  dangerous  to  place  the  fate  of  these  classes  exclusively 
in  the  hands  of  any  one  of  them,  than  it  is  to  make  one 
people  the  arbiter  of  the  destiny  of  another.  When  the 
rich  alone  govern,  the  interest  of  the  poor  is  always  endan- 
gered ;  and  when  the  poor  make  the  laws,  that  of  the  rich 
incurs  very  serious  risks.  The  advantage  of  democracy 
does  not  consist,  therefore,  as  has  sometimes  been  asserted, 
in  favoring  the  prosperity  of  all,  but  simply  in  contributing 
to  the  well-being  of  the  greatest  number. 

The  men  who  are  intrusted  with  the  direction  of  public 
affairs  in  the  United  States  are  frequently  inferior,  both  in 
capacity  and  morality,  to  those  wdiom  an  aristocracy  would 
raise  to  power.  But  their  interest  is  identified  and  con- 
founded with  that  of  the  majority  of  their  fellow-citizens. 
They  may  frequently  be  faithless,  and  frequently  mistaken  ; 
but  they  will  never  systematically  adopt  a  line  of  conduct 

T 


■M 


W:  li 


-;*■ 


Ill  'i 


lis 


im 


m 


':(' 


n 


30G 


DKMOCKACV    IX    AMKUICA. 


^  ii' JW: 


III 


m 


m 


m 


■  I  r:i 


I    ! 


liostilo  to  tlie  majority ;  and  tlu-y  cannot  give  a  tlangcrous 
or  exclusivo  tonclt'iicy  to  tlie  governniunt. 

Tlic  nialathninistration  of  a  democratic  magistrate,  more- 
over, is  an  isolated  fact,  whidi  lias  influence  only  durinn- 
the  short  period  for  Avhich  he  is  elected.  Corruption  and 
incapacity  do  not  act  as  common  interests,  which  may  con- 
nect men  permanently  with  one  another.  A  corrupt  or 
incapable  magistrate  will  not  concert  his  measures  with 
another  magistrate,  simply  because  the  latter  is  as  corru])t 
and  incapable  as  himself;  and  these  two  men  will  never 
unite  their  endeavors  to  promote  the  corrujjtion  and  inap- 
titude of  their  remote  posterity.  The  ambition  and  the 
manoeuvres  of  the  one  will  serve,  on  the  contrarv,  to  un- 
mask  the  other.  The  vices  of  a  magistrate,  in  democratic 
states,  are  usually  wholly  personal. 

But  under  aristocratic  governments,  public  men  are 
swayed  by  the  interest  of  their  order,  which,  if  it  is  some- 
times confounded  with  the  interests  of  the  majority,  is  very 
frequently  distinct  from  them  This  interest  is  the  com- 
mon and  lastino;  bond  which  unites  them  together ;  it  in- 
duces  them  to  coalesce  and  combine  their  efforts  to  attain 
an  end  which  is  not  always  the  happiness  of  the  greatest 
number :  and  it  serves  not  only  to  connect  the  persons  in 
authority  with  each  other,  but  to  unite  them  with  a  consid- 
erable portion  of  the  commurity,  since  a  numerous  body 
of  citizens  belong  to  the  aristocracy,  without  being  invested 
with  official  functions.  The  aristocratic  majxistrate  is  there- 
fore  constantly  supported  by  a  portion  of  the  community, 
as  well  as  by  the  government  of  v/hich  he  is  i  member. 

The  common  purpose  which,  in  aristocracies,  connects 
the  interest  of  the  magistrates  with  that  of  a  portion  of  their 
contemporaries,  identifies  it  also  with  that  of  future  genera- 
tions ;  they  labor  for  the  future  as  well  as  for  the  present. 
The  aristocratic  magistrate  is  urged  at  the  same  time, 
tow^ards  the  same  point,  by  the  passions  of  the  community, 


ADVANTAGKS    OF    DKMOC'RAin'. 


no: 


1,\  Ills  own.  Mild,  I  mny  almost  ;ul(l,  l»y  tliosc*  of  liis  postcr- 
itv.  Is  it,  then,  woiidci'tul  tliat  ho  docs  not  resist  such 
repeated  im[)ulses?  And,  indeed,  aristocracies  are  ol'tcn 
carried  away  hy  tlicir  class-spirit,  witiiout  heinj^  corrui>ted 
by  it ;  and  they  unconsciously  fashion  society  to  their  own 
ends,  and  preyiare  it  f()r  their  own  descendants. 

The  En<xlis]i  aristocracy  is  ])erhaps  the  most  liheral 
wiiich  has  over  existed,  and  no  body  of  men  has  ever, 
unintorruptodly,  furnisliod  so  many  honorable  and  onliixht- 
ened  individuals  to  the  government  of  a  country.  It  can- 
not, however,  escape  observation,  that,  in  the  leiiislation  <»f 
England,  the  interests  of  tb.o  poor  have  boon  often  sacri- 
ficed to  the  advantage  of  the  rich,  and  the  riirhts  of  the 
majority  to  the  privileges  of  a  few.  The  conse(pu'nce  is, 
that  England,  at  the  present  day,  combines  the  extremes 
of  good  and  evil  fortune  in  tlie  bosom  of  her  society  ;  and 
the  miseries  and  privations  of  her  poor  almost  equal  lior 
power  and  renown. 

In  the  United  States,  where  the  public  officers  have  no 
class-interests  to  promote,  the  general  and  constant  influ- 
ence of  the  government  is  beneficial,  altbon<:!;li  the  individ- 
uals  who  conduct  it  are  frequently  nnskilfiil,  and  sometimes 
contemptible.  There  is,  indeed,  a  secret  tendency  in  dem- 
ocratic institutions,  which  makes  the  exertions  of  the  citi- 
zens subservient  to  the  prosperity  of  the  community,  in 
spite  of  their  vices  and  mistakes ;  whilst  in  aristocratic 
institutions,  there  is  a  secret  bias,  which,  notwithstanding 
the  talents  and  virtues  of  those  who  conduct  the  o-overn- 
ment,  leads  them  to  contribute  to  the  evils  wdiich  oppress 
their  fellow-creatures.  In  aristocratic  governments,  public 
men  may  frequently  do  harm  without  intending  it ;  and  in 
democratic  states,  they  bring  about  good  results  which  they 
never  thought  of. 


^  1 


m 


iii 


808 


DKMOCKACY   IN   AMKIMCA. 


rUHIJC    SPIRIT    IN    THK    UNITMI)    STATKS. 


Iii>tinrtivo  Patriotism.  —  T'atriotiHtn  of  HcflcctiDn.  —  'I'licir  ilifliicut  Cliiir- 
acferihticH.  —  Nations  ()ii;;lit  to  strive  to  aifiiiiro  tlio  sccoiiil  wlicii  tlic  first 
lias  (lisappcarcMl.  —  Kllorts  of  tlio  Atncricaiis  to  aci|iiiro  it.  —  Interest  of 
tlic  Individual  intimately  eonneeted  with  tliat  of  the  Country. 

Tiir.UK  is  one  sort  of  patriotic  Jittncliuicnt,  wliicli  princi- 
piilly  arises  from  tliat  itistiiictivc,  (iisiiitcivstt'd,  and  nndi'- 
liiiahlc  ft'i'Iitiff  wliicli  coiniocts  the  jiH'octioiis  of  man  with 
his  hirthplace.  Tliis  natural  foiKhiess  is  united  witli  a  taste 
for  ancient  customs,  and  a  reverence  for  traditions  of  the 
piist ;  those  wlu)  clierish  it  love  tlieir  country  as  they  love 
tlie  mansion  of  tlieir  fathers.  They  love  the  tranquillity 
which  it  affords  them  ;  they  clinn;  to  the  ])eaceful  hahits 
which  they  luv  •  contracted  within  its  bosom  ;  they  are 
attached  to  the  reminiscences  Avhich  it  awakens  ;  and  they 
are  even  pleased  by  living  there  in  a  state  of  obedience. 
This  ])atriotisni  is  sometimes  stinuilated  by  relioious  enthu- 
siasm, and  then  it  is  capable  of  makini;  prodiii;ious  efforts. 
It  is  in  itself  a  kind  of  relin;ion  :  it  does  not  reason,  but  it 
acts  from  the  impidse  of  faith  and  sentiment.  In  some  na- 
tions, the  monarch  is  rej^arded  as  a  personification  of  the 
country  ;  and,  the  fervor  of  patriotism  being  converted  into 
the  fervor  of  loyalty,  they  take  a  sympathetic  pride  in  his 
conquests,  and  glory  in  his  power.  There  was  a  time, 
under  the  ancient  monarchy,  when  the  French  felt  a  sort 
of  satisfaction  in  the  sense  of  their  dependence  upon  the 
arbitrary  will  of  their  king  ;  and  they  were  wont  to  say 
with  pride,  "  We  live  under  the  most  powerful  king  in  the 
world." 

But,  like  all  instinctive  passions,  this  kind  of  patriotism 
incites  great  transient  exertions,  but  no  continuity  of  effort. 
It  may  save  the  state  in  critical  circumstances,  but  often  al- 
lows it  to  decline  in  times  of  peace.  Whilst  the  manners 
of  a  people  are  simple,  and  its  faith  unshaken,  —  whilst 


AI)VANiA(ii;.S    OF    I)i;M(t(KA(;V. 


801) 


society  is  stciulily  based  ujioii  traditioniil  iii>titiitinti«;,  wIkisc 
K'lritiinacv  lias  lu'vei*  been  coiitcstt'd,  —  tills  instin(ti\t'  pa- 
tri(»tisin  is  wont  to  fiidurc. 

IJut  tlicMV  is  aiiotiior  species  of  attacliiiuiit  to  cnunti'v, 
uliicli  is  mon'  rational  tlian  *lu'  one  wc  liavi-  lu'cn  dcscril)- 
in^.  It  is,  jicrliaps,  less  generous  and  less  ai'dent.  hut  it  is 
more  f'ruitt'isl  and  more  lastin<j;:  it  sj)rin;j;s  from  knowled;;*' : 
it  is  nnrtnred  by  the  laws  ;  it  n;rows  by  the  exercisi'  «)f  ci\il 
rights;  and,  in  the  end,  it  is  confonnded  with  the  ju'rsonal 
interests  of  tlu'  citizen.  A  man  coinprelu'iids  the  intlnence 
which  the  well-bein^  of  his  conntry  has  n])on  his  own  ;  he  is 
aware  that  the  laws  permit  him  to  contribnte  to  tiiat  ])ros- 
perity,  and  he  labors  to  promote  it,  at  first  becanse  it  Itene- 
fits  him,  and  secondly  bi-canse  it  is  in  i)art  his  own  work. 

But  epochs  sometimes  occur  in  the  life  ol'  a  natio!), 
wlien  the  old  customs  of  a  })eople  are  chanued,  pnbli<-  mo- 
rality is  destroyed,  reli<^ious  belief  shaken,  and  tli  >j»ell  of 
tradition  broken,  whilst  the  diffusion  of  knowlediic  is  vet 
imperfect,  and  the  civil  rij^hts  of  the  connnunity  are  ill 
secured,  or  confined  within  narrow  limits.  The  country 
then  assumes  a  dim  and  dubious  shape  in  the  eves  of  the 
citizens ;  they  no  lonjj;er  behold  it  in  the  soil  which  they 
inhabit,  for  that  soil  is  to  them  an  inanimate  clod  ;  nor  in 
the  usages  of  their  forefathers,  which  they  have  learned  to 
regard  as  a  debasing  yoke ;  nor  in  religion,  for  of  that  they 
doubt ;  nor  in  the  laws,  which  do  not  originate  in  their 
own  authority ;  nor  in  the  legislator,  whom  they  fear  and 
despise.  The  country  is  lost  to  their  senses ;  they  can 
neither  discover  it  under  its  own  nor  under  borrowed  fea- 
tures, and  they  retire  into  a  narrow  and  unenlightened 
selfishness.  They  are  emancipated  from  prejudice,  with- 
out having  acknowledged  the  empire  of  reason  ;  they  have 
neither  the  instinctive  patriotism  of  a  monarchy,  nor  the 
reflecting  patriotism  of  a  republic ;  but  they  have  stopped 
between  the  two  in  the  midst  of  confusion  and  distress. 


h  p    (i 


*  M 


%•  iM 


310 


DEMOCRACY  IN   AMERICA. 


i% 


WM 


ill 


In  tliis  predicament,  to  retreat  is  impossible  ;  for  a  people 
cannot  recover  the  sentiments  of  their  youth,  any  more 
than  a  man  can  return  to  the  innocent  tastes  of  childhood : 
such  things  may  be  regretted,  but  they  cannot  be  renewed. 
Tliey  must  go  forward,  and  accelerate  the  union  of  private 
with  public  interests,  since  the  period  of  disinterested  pa- 
triotism is  gone  by  forever. 

I  am  certainly  far  from  affirming,  that,  in  order  to  obtain 
this  result,  the  exercise  of  political  rights  should  be  imme- 
diately granted  to  all  men.  But  I  maintain  that  the  most 
powerful,  and  perhaps  the  only,  means  which  we  still  pos- 
sess of  interesting  men  in  the  welfare  of  their  country,  is 
to  make  them  partakers  in  the  government.  At  the  pres- 
ent time,  civic  zeal  seems  to  me  to  be  inseparable  from  the 
exercise  of  political  rights ;  and  I  think  that  the  number 
of  citizens  will  be  found  to  augment  or  decrease  in  Europe 
in  proportion  as  those  rights  are  extended. 

How  happens  it  that  in  the  United  States,  w^liere  the 
inhabitants  arrived  but  as  yesterday  upon  the  soil  which 
they  now  occupy,  and  brought  neither  customs  nor  tradi- 
tions with  them  there ;  where  they  met  each  other  for  the 
first  time  with  no  previous  acquaintance ;  where,  in  short, 
the  instinctive  love  of  country  can  scarcely  exist ;  —  how 
happens  it  that  every  one  takes  as  zealous  an  interest  in 
the  affairs  of  his  township,  his  county,  and  the  whole  State, 
as  if  they  were  his  own  ?  It  is  because  every  one,  in  his 
sphere,  takes  an  active  part  in  the  government  of  society. 

The  lower  orders  in  the  United  States  understand  the 
influence  exercised  by  the  general  prosperity  upon  their 
own  welfare ;  simple  as  this  observation  is,  it  is  too  rarely 
made  by  the  people.  Besides,  they  aie  wont  to  regard  this 
prosperity  as  the  fruit  of  their  own  exertions.  The  citizen 
looks  upon  the  fortune  of  the  public  as  his  own,  and  he 
labors  for  the  good  of  the  State,  not  merely  from  a  sense 
of  pride  or  duty,  but  from  what  I  venture  to  term  cupidity. 


!,-ii| 


«l:p|i!i: 


ADVANTAGES  OF  DEMOCRACY. 


311 


It  is  unnecessary  to  study  the  institutions  and  the  history 
of  the  Americans  in  order  to  know  tlie  truth  of  this  re- 
mark, for  their  manners  render  it  sujfficiently  evident.  As 
the  American  participates  in  all  that  is  done  in  his  country, 
he  thinks  himself  obliged  to  defend  whatever  may  be  cen- 
sured in  it ;  tor  it  is  not  only  his  country  which  is  then 
attacked,  it  is  himself.  The  consequence  is,  that  his  na- 
tional pride  resorts  to  a  thousand  artifices,  and  descends  to 
all  the  petty  tricks  of  personal  vanity. 

Nothing  is  more  embarrassing,  in  the  ordinary  inter- 
course of  life,  than  this  irritable  patriotism  of  the  Ameri- 
cans. A  stranger  may  be  well  inclined  to  praise  many  of 
the  institutions  of  their  country,  but  he  bogs  permission  to 
blame  some  things  in  it,  —  a  permission  which  is  inexorably 
refused.  America  is  therefore  a  free  country,  in  which, 
lest  anybody  should  be  hurt  by  your  remarks,  you  are  not 
allowed  to  speak  freely  of  private  individuals,  or  of  the 
state ;  of  the  citizens,  or  of  the  authorities  ;  of  public  or 
of  private  undertakings  ;  or,  in  short,  of  anything  at  all, 
except,  perhaps,  the  climate  and  the  soil ;  and  even  then, 
Americans  will  be  found  ready  to  defend  both,  as  if  they 
had  concurred  in  producing  them. 

In  our  times,  we  must  choose  between  the  patriotism 
of  all  and  the  government  of  a  few ;  for  the  social  force 
and  activity  which  the  first  confers  are  irreconcilable  with 
the  pledges  of  tranquillity  which  are  given  by  the  second. 


i  fi 


NOTION    OF   RIGHTS   IN   THE   UNITED    STATES. 


No  p:reat  People  witliout  a  Notion  of  Eight.  —  How  the  Notion  of  Eight 
cau  be  given  to  a  People.  —  Eespect  for  Eight  in  the  United  States. — 
Whence  it  arises. 

After  the  general  idea  of  virtue,  I  know  no  higher 
principle  than  that  of  right ;  or  rather  these  two  ideas  are 
united  in  one.     The  idea  of  right  is  simply  that  of  virtue 


'  I 


312 


DEMOCRACY   IN   AMKKICA. 


m%'i\ 


<ir't 


introduced  into  the  political  "world.  It  was  tlie  idea  of  right 
which  enabled  men  to  define  anarchy  and  tyranny ;  and 
which  taught  them  how  to  be  independent  without  arro- 
gance, and  to  obey  without  servility.  The  man  who  sub- 
mits to  violence  is  debased  by  his  compliance ;  but  when 
he  submits  to  that  right  of  authority  which  he  acknowl- 
edges in  a  fellow-creature,  he  rises  in  some  measure  above 
the  person  who  gives  the  command.  There  are  no  great 
men  without  virtue ;  and  there  are  no  great  nations,  —  it 
may  almost  be  added,  there  would  be  no  society,  —  without 
respect  for  right ;  for  what  is  a  union  of  rational  and  in- 
telligent beings  who  are  held  together  only  by  the  bond  of 
force  ? 

I  am  persuaded  that  the  only  means  which  we  possess, 
at  the  present  time,  of  inculcating  the  idea  of  right,  and 
of  rendering  it,  as  it  were,  palpable  to  the  senses,  is  to  en- 
dow all  with  the  peaceful  exercise  of  certain  rights :  this  is 
very  clearly  seen  in  children,  who  are  men  without  the 
strength  and  the  experience  of  manhood.  When  a  child 
begins  to  move  in  the  midst  of  the  objects  which  surround 
him,  he  is  instinctively  led  to  appropriate  to  himself  every- 
thing which  he  can  lay  his  hands  upon  ;  he  has  no  notion 
of  the  property  of  others ;  but  as  he  gradually  learns  the 
value  of  things,  and  begins  to  perceive  that  he  may  in  his 
turn  be  despoiled,  he  becomes  more  circumspect,  and  he 
ends  by  respecting  those  rights  in  others  which  he  wishes 
to  have  respected  in  himself.  The  })rinciple  whicli  the 
child  derives  from  the  possession  c '  his  toys  is  taught  to 
the  man  by  the  objects  which  he  may  call  his  own.  In 
America,  the  most  democratic  of  nations,  those  complaints 
against  property  in  general,  which  are  so  frequent  in 
Europe,  are  never  heard,  because  in  America  there  are  no 
paupers.  As  every  one  has  property  of  his  own  to  defend, 
every  one  recognizes  the  principle  upon  which  he  holds  it. 

The  same  thing  occurs  in  the  political  world.     In  Amer- 


ADVANTAGES   OF  DEMOCRACY. 


01  o 
oLo 


ica,  the  lowest  classes  have  conceived  a  very  liigli  notion 
of  political  rights,  because  they  exercise  those  riglits  ;  and 
they  refrain  from  attacking  the  rights  of  others,  in  order 
that  their  own  may  not  be  violated.  Whilst  in  Euro})e,  the 
same  classes  sometimes  resist  even  the  supreme  power,  the 
American  submits  without  a  murmur  to  the  authority  of 
the  pettiest  magistrate. 

This  truth  appears  even  in  the  trivial  details  of  national 
life.  In  France,  few  pleasures  are  exclusively  reserved  for 
the  higher  classes  ;  the  poor  are  generally  admitted  wher- 
ever the  rich  are  received ;  and  they  consecpiently  behave 
with  propriety,  and  respect  whatever  ])rom()tes  the  enjoy- 
ments which  they  themselves  share.  In  England,  where 
wealth  has  a  monopoly  of  amusement  as  well  as  of  ])ower, 
complaints  are  made,  that,  whenever  the  poor  happen  to 
enter  the  places  reser"':d  ^or  the  })leasures  of  the  rich,  they 
do  wanton  mischiet  *  ■  i  this  be  wondered  at,  since  care 
has  been  taken  that  t.  t  "    liould  have  nothino;  to  lose  ? 

The  government  of  the  democracy  brings  the  notion  of 
political  rights  to  the  level  of  the  humblest  citizens,  just  as 
the  dissemination  of  wealth  brings  the  notion  of  property 
within  the  reach  of  all  men ;  to  my  mind,  this  is  one  of  its 
greatest  advantages.  I  do  not  say  it  is  easy  to  teach  men 
how  to  exercise  political  rights ;  but  1  maintain  that,  when 
it  is  possible,  the  effects  which  result  from  it  are  highly  im- 
portant ;  and  I  add,  that,  if  there  ever  was  a  time  at  which 
such  an  attempt  ought  to  be  made,  that  time  is  now.  Do 
you  not  see  that  religious  belief  is  shaken,  and  the  divine 
notion  of  right  is  declining  ?  —  that  morality  is  debased, 
and  the  notion  of  moral  right  is  therefore  fading  away  ? 
Argument  is  substituted  for  faith,  and  calculation  for  the 
impulses  of  sentiment.  If,  in  the  midst  of  this  general 
disruption,  you  do  not  succeed  in  connecting  the  notion 
of  right  with  that  of  private  interest,  which  is  the  only 
immutable  point  in  the  human  heart,  what  means  will  you 


«p. 


I  f 


yi 

11 

1 ' 

i; 

1 

li 

ij 

i 

314 


DEMOCRACY  IN  AMERICA. 


have  of  governing  the  world  except  by  fear  ?  Wlien  I  am 
told  that  the  laws  are  weak  and  the  peojjle  are  turbulent, 
that  passions  are  excited  and  tlie  authority  of  virtue  is  par- 
alyzed, and  therefore  no  measures  must  be  taken  to  increase 
the  rights  of  the  democracy,  I  reply,  that,  for  these  very 
reasons,  some  measures  of  the  kind  ought  to  be  taken ;  and 
I  believe  that  governments  are  still  more  interested  in  tak- 
ing them  than  society  at  large,  for  governments  may  perish, 
but  society  cannot  die. 

But  I  do  not  wish  to  exaggerate  the  example  which 
America  furnishes.  There  the  people  were  invested  with 
political  rights  at  a  time  when  they  could  not  be  abused, 
for  the  inhabitants  were  few  in  number,  and  simple  m  their 
manners.  As  they  have  mcreased,  the  Americans  have 
not  augmented  the  power  of  the  democracy ;  they  have 
rather  extended  its  domain. 

It  cannot  be  doubted  that  the  moment  at  which  political 
rights  are  granted  to  a  people  that  had  before  been  without 
them  is  a  very  critical  one,  —  that  the  measure,  though 
often  neces&ary,  is  always  dangerous.  A  child  may  kill 
before  he  is  aware  of  the  value  of  hfe ;  and  he  may  de- 
prive another  person  of  his  property,  before  he  is  aware 
that  his  own  may  be  taken  from  him.  The  lower  orders, 
when  first  they  are  invested  with  political  rights,  stand,  in 
relation  to  those  rights,  in  the  same  position  as  the  child 
does  to  the  whole  of  nature ;  and  the  celebrated  adage 
may  then  be  applied  to  them.  Homo  puer  robustus.  This 
truth  may  be  perceived  even  in  America.  The  States  in 
which  the  citizens  have  enjoyed  their  rights  longest,  are 
those  in  which  they  make  the  best  use  of  them. 

It  cannot  be  repeated  too  often,  that  nothing  is  more  fer- 
tile in  prodigies  than  the  art  of  being  free  ;  but  there  is 
nothing  more  arduous  than  the  apprenticeship  of  liberty. 
It  is  not  so  with  despotism :  despotism  often  promises  to 
make  amends  for  a  thousand  previous  ills ;  it  supports  the 


ADVANTAGES   OF  DEMOCRACY. 


315 


right,  It  protects  the  oppressed,  and  It  maintains  public  or- 
der. The  nation  Is  lulled  by  the  temporary  prosperity 
which  It  produces,  until  it  Is  roused  to  a  sense  of  its  mis- 
ery. Liberty,  on  the  contrary,  Is  generally-  established 
with  difficulty  In  the  midst  of  storms  ;  it  is  perfected  by 
civil  discord ;  and  Its  benefits  cannot  be  appreciated  until  It 
is  already  old. 


RESPECT    FOR   THE    LAW   IN   THE   UNITED    STATES. 

Respect  of  the  Americans  for  the  Law.  —  Parental  Affection  which  they 
entertain  for  it.  —  Personal  Interest  of  every  one  to  increase  the  Power 
of  the  Law. 

It  Is  not  always  feasible  to  consult  the  whole  people, 
either  directly  or  Indirectly,  in  the  formation  of  the  law  ; 
but  It  cannot  be  denied  that,  when  this  is  possible,  the  au- 
thority of  the  law  Is  much  augmented.  This  popular  ori- 
gin, which  impairs  the  excellence  and  the  wisdom  of  legis- 
lation, contributes  much  to  Increase  Its  power.  There  is 
an  amazing  strength  in  the  expression  of  the  will  of  a 
whole  people ;  and  when  It  declares  Itself,  even  the  Imagi- 
nation of  those  who  would  wish  to  contest  it  is  overawed. 
The  truth  of  this  fact  Is  well  known  by  parties  ;  and  they 
consequently  strive  to  make  out  a  majority  whenever  they 
can.  If  they  have  not  the  greater  number  of  voters  on 
their  side,  they  assert  that  the  true  majority  abstained  from 
voting ;  and  If  they  are  foiled  even  there,  they  have  re- 
course to  those  persons  who  had  no  right  to  vote. 

In  the  United  States,  except  slaves,  servants,*  and  pau- 
pers supported  by  the  townships,  there  is  no  class  of  per- 
sons who  do  not  exercise  the  elective  franchise,  and  who 
do   not   Indirectly  contribute  to  make   the   laws.     Those 

*  This  is  a  strange  mistake  ;  in  the  United  States,  servants  liave  as  goixl 
a  right  to  vote  as  tlicir  employers,  and  often  vote  against  them.  — Am.  Ed. 


tigpi 

1?'  ■ 

i': 

iM 

I:    ■>'' 


»:l 


'1^      H; 


111 


11 


III 


:  §  ^^ 


:  \M 


316 


DEMOCRACY  IN   AMERICA. 


who  wisli  to  attack  the  laws  must  consequently  either 
change  tlie  opinion  of  the  nation,  or  trample  upon  its 
decision. 

A  second  reason,  which  is  still  more  direct  and  weighty, 
may  he  adduced  :  in  the  United  States,  every  one  is  per- 
sonally interested  in  enforcing  the  ohedience  of  the  whole 
community  to  the  law  ;  for  as  the  minority  may  shortly 
rally  the  majority  to  its  principles,  it  is  interested  in  pro- 
fessing that  respect  for  the  decrees  of  the  legislator  which 
it  may  soon  have  occasion  to  claim  for  its  own.  However 
irksome  an  enactment  may  he,  the  citizen  of  the  United 
States  complies  with  it,  not  only  because  it  is  the  work  of 
the  majority,  but  because  it  is  his  own,  and  he  regards  it  as 
a  contract  to  which  he  is  himself  a  party. 

In  the  United  States,  then,  that  numerous  and  turbulent 
multitude  does  not  exist,  who,  regarding  the  law  as  their 
natural  enemy,  look  upon  it  with  fear  and  distrust.  It  is 
impossible,  on  the  contrary,  not  to  perceive  that  all  classes 
display  the  utmost  reliance  upon  the  legislation  of  their 
country,  and  are  attached  to  it  by  a  kind  of  parental  af- 
fection. 

I  am  wrong,  however,  in  saying  all  classes  ;  for  as,  in 
America,  the  European  scale  of  authority  is  inverted,  the 
wealthy  are  there  placed  in  a  position  analogous  to  that  of 
the  poor  in  the  Old  World,  and  it  is  the  opulent  classes 
who  frequently  look  upon  the  law  with  suspicion.  I  have 
already  observed  that  the  advantage  of  democracy  is  not, 
as  has  been  sometimes  asserted,  that  it  protects  the  inter- 
ests of  all,  but  simply  that  it  protects  those  of  the  majority. 
In  the  United  States,  where  the  poor  rule,  the  rich  have 
always  something  to  fear  from  the  abuse  of  their  power. 
This  natural  anxiety  of  the  rich  may  produce  a  secret  dis- 
satisfaction ;  but  society  is  not  disturbed  by  ^or  the  same 
reason  which  withholds  the  confidence  of  the  .h  from  the 
legislative  authority,  makes  them  obey  its  r  .^nuates :  their 


ADVANTAGES   OF   DEMOCRACY, 


317 


wealtli,  Avhioli  prevents  tliem  from  makino;  the  law,  pri'- 
vents  tliem  from  witlistaiuliiiix  it.  Amono-st  civili/A'd  nsi- 
tions,  only  those  who  have  nothing  to  lose  ever  revolt  ; 
and  if  the  laws  of  a  democraey  are  not  always  worthy  of 
respect,  they  are  always  respected  ;  for  those  who  usually 
infringe  the  laws  cannot  fail  to  ohey  those  which  they  have 
themselves  made,  and  by  which  they  are  benefited ;  whilst 
the  citizens  who  mio;ht  be  interested  '"  \^'  ^  'nf ruction  of 
them  are  induced,  by  their  character  anu  str  n,  to  submit 
to  the  decisions  of  the  legislature,  whatever  they  may  be. 
Besides,  the  people  in  America  obey  the  law,  not  only  be- 
cause it  is  their  work,  but  because  it  may  be  changed  if  it 
be  harmful  ;  a  law  is  observed  because,  first,  it  is  a  sell- 
imposed  evil,  and,  secondly,  it  is  an  evil  of  transient  dura- 
tion. 


ACTIVITY  WHICH  PERVADES  ALL  PARTS  OF  THE  BODY  POL- 
ITIC IN  THE  UNITED  STATES  ;  INFLUENCE  WHICH  IT  EX- 
ERCISES   UPON    SOCIETY. 

More  difficult  to  conceive  the  Political  Ac.  'ity  which  pervades  the  United 
States,  than  the  Freedom  and  Equality  which  reign  there.  —  The  great 
Activity  which  perpetually  agitates  the  Legislative  Bodies  is  only  an  Epi- 
sode, a  Prolongation  of  the  general  Activity.  —  Difficult  for  an  Ameri- 
can to  confine  himself  to  his  own  Bu.siness.  —  Political  Agitation  extends 
to  all  social  Intercourse.  —  Commercial  Activity  of  the  Americans  partly 
attributable  to  this  Cause.  —  Indirect  Advantages  which  Society  derives 
from  a  Democratic  Government. 

On  passing  from  a  free  country  into  one  which  is  not 
free,  the  traveller  is  struck  by  the  change  ;  in  the  former, 
all  is  bustle  and  activity ;  in  the  latter,  everything  seems 
calm  and  motionless.  In  the  one,  amelioration  and  pro- 
gress are  the  topics  of  inquiry ;  in  the  other,  it  seems  as 
if  the  community  wished  only  to  repose  in  the  enjoyment 
of  advantages  already  acquired.     Nevertheless,  the  country 


§4 


^'1 


I 


I 


h 


n 


i 


iiiii^ 


I  I      ^  J 


318 


DEMOCRACY   IN   AMKUICA. 


wliich  exerts  itself  so  strenuously  to  become  liappy,  is  gen- 
erally more  wealthy  and  prosperous  than  that  wliich  aj)- 
pcars  so  contented  with  its  lot ;  and  when  wo  (  )in[)are 
them,  we  can  scarcely  conceive  how  so  many  new  wunts 
are  daily  felt  in  the  former,  whilst  so  few  seem  to  exist  in 
the  latter. 

If  this  remark  is  aj)plicable  to  those  free  countries  ,.hich 
have  preserved  monarchical  forms  and  aristocratic  institu- 
tions, it  is  still  more  so  to  democratic  republics.  In  these 
States,  it  is  not  a  portion  only  of  the  j)eo[)le  who  endeavor 
to  improve  the  state  of  society,  but  the  whole  community 
is  engaiied  in  the  task ;  and  it  is  not  the  exioencies  and 
convenience  of  a  single  class  for  which  provision  is  to  be 
made,  but  the  exigencies  and  convenience  of  all  classes  at 
once. 

It  is  not  impossible  to  conceive  the  surprising  liberty 
which  the  Americans  enjoy ;  some  idea  may  likewise  be 
formed  of  their  extreme  equality ;  but  the  political  activity 
which  pervades  the  United  States  must  be  seen  in  order  to 
be  understood.  No  sooner  do  you  set  foot  upon  American 
ground,  than  you  are  stunned  by  a  kind  of  tunndt ;  a  con- 
fused clamor  is  heard  on  every  side ;  and  a  thousand  simul- 
taneous voices  demand  the  satisfaction  of  their  social  wants. 
Everything  is  in  motion  around  you ;  here,  the  people  of 
one  quarter  of  a  town  are  met  to  decide  upon  the  build- 
ing of  a  church ;  there,  the  election  of  a  representative  is 
going  on ;  a  little  further,  the  delegates  of  a  district  are 
posting  to  the  town  in  order  to  consult  upon  some  local 
improvements ;  in  another  place,  the  laborers  of  a  village 
quit  their  ploughs  to  deliberate  upon  the  project  of  a  road 
or  a  public  school.  Meetings  are  called  for  the  sole  pur- 
pose of  declaring  their  disapprobation  of  the  conduct  of 
the  government ;  whilst  in  other  assemblies,  citizens  salute 
the  authorities  of  the  day  as  the  fathers  of  their  coun- 
try.    Societies  are  formed  which  regard  drunkenness  as  the 


v.-  !!!:-'"' 


ADVANTAGKS   OF    DKMOCRACY. 


319 


principal  cause  of  the  evils  of  tlic  state,  and  solennily  bijid 
themselves  to  give  an  example  of  tem[)erance.* 

The  great  political  agitation  of  American  k'gislativo 
bodies,  which  is  the  only  one  that  attracts  the  attention  of 
foreigners,  is  a  mere  episode,  or  a  sort  of  continuation,  of 
that  universal  movement  which  oriiiinates  in  tlie  lowest 
classes  of  the  people,  and  extends  successively  to  all  the 
ranks  of  society.  It  is  impossible  to  spend  more  effort  it\ 
the  pursuit  of  happiness. 

The  cares  of  politics  engross  a  prominent  place  in  the 
occupations  of  a  citizen  in  the  United  States ;  and  almost 
the  only  pleasure  which  an  American  knows  is  to  take  a 
part  in  the  government,  and  to  discuss  its  measures.  This 
feeling  pervades  the  most  trifling  habits  of  life  ;  even  the 
women  frequently  attend  public  meetings,  and  listen  to 
political  harangues  as  a  recreation  fi'om  their  household 
labors.  Debating  clubs  are,  to  a  certain  extent,  a  substi- 
tute for  theatrical  entertainments :  an  American  cannot 
converse,  but  he  can  discuss  ;  and  liis  talk  falls  into  a  dis- 
sertation. He  speaks  to  yon  as  if  he  was  addressing  a 
meetino; ;  and  if  he  should  chance  to  become  warm  in  the 
discussion,  he  Avill  say  "  Gentlemen  "  to  the  person  with 
whom  he  is  conversing. 

In  some  countries,  the  inhabitants  seem  unwilling  to 
avail  themselves  of  the  political  privileges  which  the  law 
gives  them  ;  it  would  seem  that  they  set  too  high  a  value 
upon  their  time  to  spend  it  on  the  interests  of  the  commu- 
nity ;  and  they  shut  themselves  up  in  a  narrow  selfishness, 
marked  out  by  four  sunk  fences  and  a  quickset  hedge. 
But  if  an  American  were  condemned  to  confine  his  activity 
to  his  own  affairs,  he  would  be  robbed  of  one  half  of  his  ^ 


■;  I 


*  At  the  time  of  my  stay  in  the  United  States,  the  Temperance  Societies 
already  consisted  of  more  than  270,000  members ;  and  their  ettect  had  been 
to  diminish  the  consumption  of  strong  liquors  by  500,000  gallons  per  annum 
in  Pennsylvania  alone. 


y2o 


DEMOCRACY   IN   AMlilMCA. 


'ilfi 


i   m:    :if 


existence ;  he  would  feel  an  immense  void  In  tlie  life 
wliieli  lie  is  accustomed  to  leacl,  and  his  wretchedness 
would  be  unbearable.*  I  nm  persuaded,  that,  if  ever  a  des- 
])otism  should  be  established  in  America,  it  will  be  more 
difficult  to  overcome  the  habits  which  freedom  has  formed, 
than  to  conquer  the  love  of  freedom  itself. 

This  ceaseless  a<!;itation  which  democratic  ffovernmont 
has  introduced  into  the  political  world,  influences  all  social 
intercourse.  I  am  not  sure  that,  upon  the  whole,  this  is 
not  the  greatest  advantage  of  democracy  ;  and  I  am  less 
inclined  to  applaud  it  for  what  it  does,  than  for  what  it 
causes  to  be  done. 

It  is  incontestable  that  the  people  frequently  conduct 
public  business  very  ill ;  but  it  is  impossible  that  the  lower 
orders  should  take  a  part  in  public  business  without  ex- 
tending the  circle  of  their  ideas,  and  (putting  the  ordinary 
routine  of  their  thoughts.  The  humblest  individual  who 
co-operates  in  the  government  of  society  acquires  a  certain 
degree  of  self-respect ;  and  as  he  possesses  authority,  he 
can  command  the  services  of  minds  more  enlightened  than 
his  own.  He  is  canvassed  by  a  multitude  of  applicants, 
and,  in  seeking  to  deceive  him  in  a  thousand  ways,  they 
really  enlighten  him.  He  takes  a  part  in  political  under- 
takings which  he  did  not  originate,  but  which  give  him  a 
taste  for  undertakings  of  the  kind.  New  improvements 
are  daily  pointed  out  to  him  in  the  common  property,  and 
this  gives  him  the  desire  of  improving  that  property  which 
is  his  own.  He  is  perhaps  neither  happier  nor  better  than 
those  who  came  before  him,  but  he  is  better  informed  and 
more  active.  I  have  no  doubt  that  the  democratic  institu- 
tions of  the  United  States,  joined  to  the  physical  constitu- 

*  The  same  remark  was  made  at  Rome  under  the  first  Caesars.  Mon- 
tesquieu somewhere  alhides  to  the  excessive  despondency  of  certain  Roman 
citizens,  who,  after  the  excitement  of  political  life,  were  all  at  once  flung  back 
into  the  stagnation  of  private  life. 


ADVANTAGES  OF  DEMOCUACV. 


321 


tion  of  tho  country,  are  the  cause  (not  the  direct,  as  is  so 
often  asserted,  but  the  indirect  cause)  of  the  prodigious 
conunercial  activity  of  the  inhabitants.  It  is  not  created 
by  the  laws,  but  the  people  learn  how  to  promote  it  by 
the  experience  derived  from  leoislation. 

When  the  op})onents  of  democracy  assert  that  a  single 
man  performs  what  he  undertakes  better  than  the  u;overn- 
ment  of  all,  it  appears  to  me  that  they  are  right.  Tho 
oovernment  of  an  individual,  suj)posing  an  equality  of 
knowledge  on  either  side,  is  more  consistent,  more  perse- 
vering, more  uniform,  and  more  accurate  in  details,  than 
that  of  a  multitude,  and  it  selects  w  ith  more  discrimination 
the  men  whom  it  employs.  If  any  deny  this,  they  have 
never  seen  a  democratic  government,  or  have  judged  upon 
partial  evidence.  It  is  true  that,  even  when  local  circum- 
stances and  the  dispositions  of  the  })eople  allow  democratic 
institutions  to  exist,  they  do  not  display  a  regular  and  me- 
thodical system  of  government.  Democratic  liberty  is  far 
from  accomplishing  all  its  projects  with  the  skill  of  an 
adroit  despotism.  It  frequently  abandons  them  before  they 
have  borne  their  fruits,  or  risks  them  when  the  conse- 
quences may  be  dangerous ;  but  in  the  end,  it  produces 
more  than  any  absolute  government ;  if  it  does  fewer 
things  well,  it  does  a  greater  number  of  things.  Under 
its  sway,  the  grandeur  is  not  in  what  the  public  adminis- 
tration does,  but  in  what  is  done  without  it  or  outside  of  it. 
Democracy  does  not  give  the  people  the  most  skilful  gov- 
ernment, but  it  produces  what  the  ablest  governments  are 
frequently  unable  to  create ;  namely,  an  all-pervading  and 
restless  activity,  a  superabundant  force,  and  an  energy 
which  is  inseparable  from  it,  and  which  may,  however  un- 
favorable circumstances  may  be,  produce  wonders.  These 
are  the  true  advantages  of  democracy. 

In  the  present  age,  when  the  destinies  of  Christendom 
seem  to  be  in  suspense,  some  hasten  to  assail  democracy  as 
u*  u 


822 


DKMOCUACY   IN   AMERICA. 


I  Hi 


i|  '1 


a  hostile  powor,  wliilst  it  is  yet  o;rowin«T ;  and  others  al- 
ready adore  this  new  deity  which  is  spriii^inj^  forth  from 
chaos.  But  both  parties  are  imperfectly  accpiainted  with 
the  ol)je(!t  of  their  liatred  or  their  worship  ;  they  strike  in 
the  dark,  and  distribute  their  blows  at  random. 

We  must  first  understand  what  is  wanted  of  society  and 
its  government.  Do  you  wish  to  give  a  certain  elevation 
to  the  human  mind,  and  teach  it  to  regard  the  things  of 
this  world  with  generous  feelings,  to  inspire  men  with  a 
scorn  of  mere  temporal  advantages,  to  form  and  nourish 
strong  convictions,  and  keep  alive  the  spirit  of  lionorable 
devotedness  ?  Is  it  your  object  to  refine  the  habits,  embel- 
lish the  manners,  and  cultivate  the  arts,  to  promote  the 
love  of  poetry,  beauty,  and  glory  ?  AVould  you  constitute 
a  })eople  fitted  to  act  powerfully  upon  all  other  nati(ms,  and 
l)repared  for  those  high  enterprises  which,  whatever  be 
their  results,  will  leave  a  name  forever  famous  in  history  ? 
If  you  believe  such  to  be  the  principal  object  of  society, 
avoid  the  government  of  the  democracy,  for  it  would  not 
lead  you  with  certainty  to  the  goal. 

But  if  you  hold  it  expedient  to  divert  the  moral  and  in- 
tellectual activity  of  man  to  the  production  of  comfort,  and 
the  promotion  of  general  well-being ;  if  a  clear  understand- 
ing be  more  profitable  to  man  than  genius  ;  if  your  object 
be  not  to  stimulate  the  virtues  of  heroism,  but  the  habits 
of  peace  ;  if  you  had  rather  witness  vices  than  crimes,  and 
are  content  to  meet  with  fewer  noble  deeds,  provided  of- 
fences be  diminished  in  the  same  proportion ;  if,  instead  of 
living  in  the  midst  of  a  brilliant  society,  you  are  contented 
to  have  prosperity  around  you ;  if,  in  short,  you  are  of 
opinion  that  the  principal  object  of  a  government  is  not 
to  confer  the  greatest  possible  power  and  glory  upon  the 
body  of  the  nation,  but  to  insure  the  greatest  enjoyment, 
and  to  avoid  the  most  misery,  to  each  of  the  individuals 
who   compose  it,  —  if  such  be  your  desire,  then  equal- 


ADVANTAGKS  OF  DEMOCRACY. 


82a 


izp    the   oonJitions  of  men,  unJ  establish    democratic    in- 
stitutions. 

But  if  tlic  time  ho  past  at  whicli  such  a  choice  was  pos- 
sible, and  if  souk;  power  superior  to  that  of  man  already 
Imrries  us,  without  consulting  our  wishes,  towards  one  or 
the  other  of  these  two  govenunents,  let  us  endeavor  to 
make  the  best  of  that  which  is  allotted  to  us,  and,  by  find- 
ing out  both  its  good  and  its  evil  tendencies,  be  able  to  fos- 
ter the  former  and  repress  the  latter  to  the  utmost. 


il 


II 


:,:^i 


I 


I 


■iMi 


324 


DEMOCRACY    IN   AMERICA. 


CHAPTER   XV. 


UNLIMITED  POWER  OF  THE  MAJORITY  IN  THE  UNITED  STATES, 
AND  ITS   CONSEQUENCES. 


1 


Natural  Strength  of  the  Majority  in  Democracies.  — Most  of  the  Americiin 
Constitutions  have  increased  tliis  Strength  by  artificial  Means.  —  How 
this  has  been  done.  —  Pledged  Delegates.  —  Moral  Power  of  the  Ma- 
jority. —  Opinion  as  to  its  Infallibility.  —  Respect  for  its  Eights,  how 
augmented  in  the  United  States. 

THE  very  essence  of  democratic  government  consists  in 
the  absolute  sovereignty  of  the  majority ;  for  there  is 
nothing  in  democratic  states  which  is  capable  of  resisting 
it.  Most  of  the  American  constitutions  have  souo;ht  to 
increase  this  natural  strength  of  the  majority  by  artificial 
means.* 

The  legislature  is,  of  all  political  institutions,  the  one 
which  is  most  easily  swayed  by  the  will  of  the  majority. 
The  Americans  determined  that  the  members  of  the  legis- 
lature should  be  elected  by  the  people  directly^  and  for  a 
very  brief  term,  in  order  to  subject  them,  not  only  to  the 
general  convictions,  but  even  to  the  daily  passions,  of  their 
constituents.  The  members  of  both  houses  are  taken 
fi'om  the  same  classes  in  society,  and  nominated  in  the 
same  manner ;  so  that  the  movements  of  the  legislative 


*  We  have  seen,  in  examining  the  Federal  Constitution,  that  tlie  eflforts 
of  the  legislators  of  the  Union  were  directed  against  this  absolute  power. 
The  consequence  has  been,  that  the  Federal  government  is  more  independ- 
ent in  its  sphere  than  that  of  the  States.  But  the  Federal  government 
scarcely  ever  interferes  in  any  but  foreign  affairs ;  and  the  governments  of 
the  States  in  reality  direct  society  in  America. 


iiifi 


THE    UXLIMITKD    POWKR    OF    TIIK    MAJORITY. 


325 


bodies  are  almost  as  rapid,  and  quite  as  irresistible,  as  those 
of  a  single  assembly.  It  is  to  a  legislature  thus  constituted, 
that  almost  all  the  authority  of  the  government  has  been 
intrusted. 

At  the  same  time  that  the  law  increased  the  streno;th  of 
those  authorities  which  of  themselves  were  strong,  it  enfee- 
bled more  and  -more  those  which  were  naturally  weak.  It 
deprived  the  representatives  of  the  executive  power  of  all 
stability  and  independence ;  and,  by  subjecting  them  com- 
pletely to  the  caprices  of  the  legislature,  it  robbed  them 
of  the  slender  influence  which  the  nature  of  a  democratic 
jTOvernment  mijiht  have  allowed  them  to  exercise.  In 
several  States,  the  judicial  power  was  also  submitted  to  the 
election  of  the  majority ;  and  in  all  of  them,  its  existence 
was  made  to  depend  on  the  pleasure  of  the  legislative  au- 
thority, since  the  representatives  were  empowered  annually 
to  regulate  the  stipend  of  the  judges. 

Custom  has  done  even  more  than  law.  A  proceeding  is 
becoming  more  and  more  geperal  in  the  United  States, 
which  will,  in  the  end,  do  away  with  the  guaranties  of 
representative  government :  it  frequently  happens  that  the 
voters,  in  electing  a  delegate,  point  out  a  certain  line  of 
conduct  to  him,  and  impose  upon  him  certain  positive  obli- 
gations which  he  is  pledged  to  fulfil.  With  the  exception 
of  the  tumult,  this  comes  to  the  same  thing  as  if  the  major- 
ity itself  held  its  deliberations  in  the  market-place. 

Several  other  circumstances -concur  to  render  the  power 
of  the  majority  in  America  not  only  preponderant,  but  ir- 
resistible. The  moral  authority  of  the  majority  is  partly 
based  upon  the  notion,  that  there  is  more  intelligence  and 
wisdom  in  a  number  of  men  united  than  in  a  sinole  indi- 
vidual,  and  that  the  number  of  the  legislators  is  more  im- 
portant than  their  quality.  The  theory  of  equality  is  thus 
applied  to  the  intellects  of  men  ;  and  human  pride  is  thus 
assailed  in  its  last  retreat  by  a  doctrine  which  the  minority 


326 


DEMOCRACY  IN   AMERICA. 


ill 

Mil  li^'i 


hesitate  to  admit,  and  to  which  they  will  bnt  slowly  assent. 
Like  all  other  powers,  and  perhaps  more  than  any  other, 
the  authority  of  the  many  requires  the  sanction  of  time  in 
order  to  appear  legitimate.  At  first,  it  enforces  obedience 
by  constraint ;  and  its  laws  are  not  respected  until  they  have 
been  lono;  maintained. 

The  right  of  governing  society,  which  the  majority  sup- 
poses itself  to  derive  from  its  superior  intelligence,  was  in- 
troduced into  the  United  States  bv  the  first  settlers ;  and 
this  idea,  which  of  itself  would  be  sufficient  to  create  a  free 
nation,  has  now  been  amalgamated  with  the  manners  of  the 
people  and  the  minor  incidents  of  social  life. 

The  French,  under  the  old  monarchy,  held  it  for  a 
maxim  that  the  kino;  could  do  no  wrono; :  and  if  he  did 
do  wrong,  the  blame  was  imputed  to  his  advisers.  This 
notion  made  obedience  very  easy  ;  it  enabled  the  subject 
to  complain  of  the  law,  without  ceasing  to  love  and  honor 
the  lawgiver.  The  Americans  entertain  the  same  opinion 
with  respect  to  the  majority. 

The  moral  power  of  the  majority  is  founded  upon  yet 
another  principle,  which  is,  that  the  interests  of  the  many 
are  to  be  preferred  to  those  of  the  few.  It  will  readily 
be  perceived  that  the  respect  here  professed  for  the  rights 
of  the  greater  number  must  naturally  increase  or  diminish 
according  to  the  state  of  parties.  When  a  nation  is  divided 
into  several  great  irreconcilable  interests,  the  privilege  of 
the  majority  is  often  overlooked,  because  it  is  intolerable  to 
comply  with  its  demands. 

If  there  existed  in  America  a  class  of  citizens  whom  the 
legislating  majority  sought  to  deprive  of  exclusive  privi- 
leges which  they  had  possessed  for  ages,  and  to  bring  down 
from  an  elevated  station  to  the  level  of  the  multitude,  it  is 
probable  that  the  minority  would  be  less  ready  to  submit  to 
its  laws.  But  as  the  United  States  were  colonized  by  men 
holding  equal  rank,  there  is  as  yet  no  natural  or  perma- 


THE  UNLIMITED  POWER  OF  THE  MAJORITY. 


327 


nent  cUsaoreemciit  between  the  in*r^rests  of  its  different  in- 
habitants. 

There  are  communities  in  which  the  members  of  the 
minority  can  never  hope  to  draw  over  the  majority  to  their 
side,  because  they  must  then  give  up  the  very  point  which 
is  at  issue  between  tliem.  Thus,  an  aristocracy  can  never 
become  a  majority  whilst  it  retains  its  exclusive  privileges, 
and  it  cannot  cede  its  privileges  without  ceasing  to  be  an 
aristocracy. 

In  the  United  States,  political  questions  cannot  be  taken 
up  in  so  general  and  absolute  a  manner ;  and  all  parties  are 
willing  to  recognize  the  rights  of  the  majority,  because 
they  all  hope  at  some  time  to  be  able  to  exercise  them  to 
their  own  advantage.  The  majority,  therefore,  in  that 
country,  exercise  a  prodigious  actual  authority,  and  a 
power  of  opinion  which  is  nearly  as  great ;  no  obstacles 
exist  which  can  impede  or  even  retard  its  progress,  so  as 
to  make  it  heed  the  complaints  of  those  whom  it  crushes 
upon  its  path.  This  state  of  things  is  harmful  in  itself, 
and  dangerous  for  the  future. 


^  I 


HOW  THE  OMNIPOTENCE  OF  THE  MAJORITY  INCREASES,  IN 
AMERICA,  THE  INSTABILITY  OF  LEGISLATION  AND  ADMIN- 
ISTRATION   INHERENT    IN    DEMOCRACY. 

The  Americans  increase  the  Mutability  of  Law  which  is  inherent  in  a  Democ- 
racy by  changinjj  the  LcfrisUiture  every  Year,  and  invcstinp;  it  with  almost 
unbounded  Authority.  —  The  same  Effect  is  produced  upon  the  Admin- 
istration. —  In  America,  the  Pressure  for  social  Improvements  is  vastly 
greater,  but  less  continuous,  than  in  Europe. 


I  HAVE  already  spoken  of  the  natural  defects  of  dem- 
ocratic institutions  ;  each  one  of  them  increases  in  the  same 
ratio  as  the  power  of  the  majority.  To  begin  with  the 
most  evident  of  them  all,  the  mutability  of  the  laws  is  an 


m 


% 


1 


P 


QtK 


i    '     !i 


328 


DEMOCRACY   IX   AMERICA. 


evil  inherent  in  a  democratic  government,  because  it  is  nat- 
ural to  democracies  to  raise  new  men  to  power.  But  this 
evil  is  more  or  less  sensible  in  proportion  to  the  authority 
and  the  means  of  action  which  the  legislature  possesses. 

In  America,  the  authority  exercised  by  the  legislatures  is 
supreme ;  nothing  prevents  them  from  accomplishing  their 
wishes  with  celerity,  and  with  irresistible  power,  and  they 
are  supplied  Avith  new  representatives  every  year.  That  is 
to  say,  the  circumstances  which  contribute  most  power- 
fully to  democratic  instability,  and  which  admit  of  the  free 
application  of  caprice  to  the  most  important  objects,  are 
here  in  full  operation.  Hence  America  is,  at  the  present 
day,  the  country  of  all  others  where  laws  last  the  shortest 
time.  Almost  all  the  American  constitutions  have  been 
amended  within  thirty  years :  there  is  therefore  not  one 
American  State  which  has  not  modified  the  principles  of 
its  legislation  in  that  time.  As  for  the  laws  themselves, 
a  sino-le  o-lance  at  the  archives  of  the  different  States  of 
the  Union  suffices  to  convince  one,  that  in  America  the 
activity  of  the  legislator  never  slackens.  Not  that  the 
American  deniocracy  is  naturally  less  stable  than  any 
other,  but  it  is  allowed  to  follow,  in  the  formation  of  the 
laws,  the  natural  instability  of  its   desires.* 

The  omnipotence  of  the  majority,  and  the  rapid  as  well 
as  absolute  manner  in  which  its  decisions  are  executed  in 
the  United  States,  not  only  render  the  law  unstable,  but 
exercise  the  same  influence  upon  the  execution  of  the  law 
and  the  conduct  of  the  administration.     As  the  majority  is 

*  The  legislative  acts  promulgated  by  the  State  of  Massachusetts  alone, 
from  the  year  1780  to  the  present  time,  already  fill  three  stout  volumes ;  and 
it  must  not  be  forgotten  that  the  collection  to  which  I  allude  was  revised  in 
1823,  when  many  old  laws  whicli  had  fallen  into  disuse  were  omitted.  The 
State  of  Massachusetts,  which  is  not  more  populous  than  a  department  of 
France,  may  be  considered  as  the  most  stable,  the  most  consistent,  and  the 
most  sagacious  in  its  undertakings,  of  the  whole  Union. 


THE    UNLIMITED   POWER   OF   THE   MAJORITY. 


329 


the  only  power  whicli  it  is  important  to  court,  all  its  pro- 
jects are  taken  up  with  the  greatest  ardor ;  but  no  sooner 
is  its  attention  distracted,  than  all  this  ardor  ceases  ;  whilst 
in  the  free  states  of  Europe,  where  the  administration  is  at 
once  independent  and  secure,  the  projects  of  the  legislature 
continue  to  be  executed,  even  when  its  attention  is  directed 
to  other  objects. 

In  America,  certain  improvements  are  prosecuted  with 
much  more  zeal  and  activity  than  elsewhere ;  in  Eiu'ojje, 
the  same  ends  are  promoted  by  much  less  social  eftbrt 
more  continuously  applied. 

Some  years  ago,  several  pious  individuals  undertook  to 
ameliorate  the  condition  of  the  prisons.  The  public  were 
moved  by  their  statements,  and  the  reform  of  criminals  be- 
came a  popular  undertakhig.  New  prisons  were  built ;  and, 
for  the  first  time,  the  idea  of  refonning  as  well  as  punishing 
the  delinquent  formed  a  part  of  prison  disci])line. 

But  this  happy  change,  in  which  the  public  had  taken  so 
hearty  an  interest,  and  which  the  simultaneous  exertions  of 
the  citizens  rendered  irresistible,  could  not  be  completed  in 
a  moment.  Whilst  the  new  penitentiaries  were  being 
erected,  and  the  will  of  the  majority  was  hastening  the 
work,  the  old  prisons  still  existed,  and  contained  a  great 
number  of  offenders.  These  jails  became  more  unwhole- 
some and  corrupt  in  proportion  as  the  new  establishments 
were  reformed  and  improved,  forming  a  contrast  which 
may  readily  be  understood.  The  majority  was  so  eagerly 
employed  in  founding  the  new  prisons,  that  those  which 
already  existed  were  forgotten ;  and,  as  the  general  atten- 
tion was  diverted  to  a  novel  object,  the  care  which  had 
hitherto  been  bestowed  upon  the  others  ceased.  The  sal- 
utary regulations  of  discipline  were  first  relaxed,  and  after- 
wards broken  ;  so  that,  in  the  immediate  neighborhood  of 
a  prison  which  bore  witness  to  the  mild  and  enlightened 
spirit  of  our  times,  dungeons  existed  which  reminded  one 
of  the  barbarism  of  the  Middle  Ages. 


^A'J 


i 


111 


ill 


330  DKMOCRACY  IN   AMERICA. 

TYRANNY    OF   THE   MAJORITY. 

How  the  Principle  of  the  Sovereignty  of  tlie  People  is  to  be  understood.  — 
Impossil)ility  of  conceiving  a  Mixed  Government.  —  The  Sovereign 
Power  must  exist  somewhere.  —  Precautions  to  be  taken  to  control  its 
Action.  —  These  Precautions  have  not  been  taken  in  the  United  States. 
—  Consequences. 

I  HOLD  it  to  be  an  impious  and  detestable  maxim,  that, 
politically  speaking,  the  people  have  a  right  to  do  any- 
thing ;  and  yet  I  have  asserted  that  all  authority  originates 
in  the  will  of  the  majority.  Am  I,  then,  in  contradiction 
with  myself? 

A  general  law,  which  bears  the  name  of  justice,  has 
been  made  and  sanctioned,  not  only  by  a  majority  of  this 
or  that  people,  but  by  a  majority  of  mankind.  The  rights 
of  every  people  are  therefore  confined  within  the  limits  of 
what  is  just.  A  nation  may  be  considered  as  a  jury  which 
is  empowered  to  represent  society  at  large,  and  to  apply 
justice,  which  is  its  law.  Ought  such  a  jury,  which  rep- 
resents society,  to  have  more  power  than  the  society  itself, 
whose  laws  it  executes  ? 

When  I  refuse  to  obey  an  unjust  law,  I  do  not  contest 
the  right  of  the  majority  to  command,  but  I  simply  appeal 
from  the  sovereignty  of  the  people  to  the  sovereignty  of 
mankind.  Some  have  not  feared  to  assert  that  a  people 
can  never  outstep  the  boundaries  of  justice  and  reason  in 
those  affairs  which  are  peculiarly  its  own ;  and  that  conse- 
quently full  power  may  be  given  to  the  majority  by  which 
they  are  represented.     But  this  is  the  language  of  a  slave. 

A  majority  taken  collectively  is  only  an  individual, 
whose  opinions,  and  frequently'  whose  interests,  are  op- 
posed to  those  of  another  individual,  who  is  styled  a 
minority.  If  it  be  admitted  that  a  man  possessing  abso- 
lute power  may  misuse  that  power  by  wronging  his  adver- 
saries, why  should  not  a  majority  be  liable  to  the  same 


I\ 


THE   UNLIMITED    POWER   OF   THE   MAJORITY. 


has 


reproach?  Mon  do  not  change  their  characters  by  uniting 
with  eacli  other ;  nor  does  their  patience  in  tlie  presence 
of  obstacles  increase  with  their  strength.*  For  my  own 
part,  I  cannot  beheve  it ;  the  power  to  do  everytliing, 
which  I  should  refuse  to  one  of  my  equals,  I  will  never 
grant  to  any  number  of  them. 

I  do  not  think  that,  for  the  sake  of  preserving  liberty,  it 
is  possible  to  combine  several  principles  in  the  same  gov- 
ernment so  as  really  to  oppose  them  to  one  another.  The 
form  of  government  which  is  usually  termed  mixed  has  al- 
ways appeared  to  me  a  mere  chimera.  Accurately  sj)eak- 
ing,  there  is  no  such  thing  as  a  mixed  government.,  in  the 
sense  usually  given  to  that  word,  because,  in  all  comnumi- 
ties,  some  one  principle  of  action  may  be  discovered  which 
preponderates  over  the  others.  England,  in  the  last  cen- 
tury,—  which  has  been  especially  cited  as  an  example  of 
this  sort  of  government,  —  was  essentially  an  aristocratic 
state,  although  it  comprised  some  great  elements  of  democ- 
racy ;  for  the  laws  and  customs  of  the  country  were  such 
that  the  aristocracy  could  not  but  preponderate  in  the  long 
run,  and  direct  public  affairs  according  to  its  own  will. 
The  error  arose  from  seeino;  the  interests  of  the  nobles 
perpetually  contending  with  those  of  the  people,  without 
considering  the  issue  of  the  contest,  which  was  really 
the  important  point.  When  a  community  actually  has 
a  mixed  government,  —  that  is  to  say,  when  it  is  equally 
divided  between  adverse  principles,  —  it  must  either  expe- 
rience a  revolution,  or  fall  into  anarchy. 

I  am  therefore  of  opinion,  that  social  power  superior  to 
all  others  must  always  be  placed  somewhere ;  but  I  think 


i^n  M 


*  No  one  \y\\\  assort  that  a  people  cannot  forcibly  wrong  another  })eople ; 
but  parties  may  be  looked  upon  as  lesser  nations  within  a  {^reat  one,  and 
they  are  aliens  to  each  other :  if,  therefore,  it  be  admitted  tliat  a  nation  can 
act  tyrannically  towards  another  nation,  it  cannot  be  denied  that  a  party 
may  do  the  same  towards  another  party. 


:  i  11 


i 


332 


DKMOCHACV    IN    AMKKMCA. 


that  lilK'i'ty  is  endangered  wlicn  tins  power  finds  no  obsta- 
cle which  can  retard  its  course,  and  give  it  time  to  moder- 
ate its  own  vehemence. 

Unlimited  power  is  in  itself  a  bad  and  dangerous  thing. 
Unman  beings  are  not  competent  to  ex'ercise  it  with  dis- 
cretion. God  alone  can  be  omnipotent,  because  his  wisdom 
and  his  justice  are  always  equal  to  his  power.  There  is  no 
j)ower  on  earth  so  worthy  of  honor  in  itself,  or  clothed 
with  rights  so  sacred,  that  I  would  admit  its  uncontrolled 
and  all-predominant  authority.  When  I  see  that  the  right 
and  the  moans  of  absolute  command  are  conferred  on  any 
power  whatever,  be  it  called  a  people  or  a  king,  an  aristoc- 
racy or  a  democracy,  a  monarchy  or  a  republic,  I  say  there 
is  the  germ  of  tyranny,  and  I  seek  to  live  elsewhere,  under 
other  laws. 

In  my  opinion,  the  main  evil  of  the  present  democratic 
institutions  of  the  United  States  does  not  arise,  as  is  often 
asserted  in  Europe,  from  their  weakness,  but  from  their 
irresistible  strength.  I  am  not  so  much  alarmed  at  the 
excessive  liberty  which  reigns  in  that  country,  as  at  the  in- 
adequate securities  which  one  finds  there  against  tyranny. 

When  an  individual  or  a  party  is  wronged  in  the  United 
States,  to  whom  can  he  apply  for  redress  ?  If  to  public 
opinion,  public  opinion  constitutes  the  majority ;  if  to  the 
legislature,  it  represents  the  majority,  and  implicitly  obeys 
it ;  if  to  the  executive  power,  it  is  appointed  by  the  major- 
ity, and  serves  as  a  passive  tool  in  its  hands.  The  public 
force  consists  of  the  majority  under  arms  ;  the  jury  is  the 
majority  invested  with  the  right  of  hearing  judicial  cases ; 
and  in  certain  States,  even  the  judges  are  elected  by  the 
majority.  However  iniquitous  or  absurd  the  measure  of 
which  you  complain,  you  must  submit  to  it  as  well  as  you 


can. 


* 


*  A  striking  instance  of  the  excesses  wliich  may  be  occasioned  by  the 
despotism  of  the  majority  occurred  at  Baltimore  during  the  war  of  1812. 


-  ^^:!| 


THE   UNLIMITKD   TOWKR    OF   THE   MAJORITY. 

If,  on  the  other  hand,  a  legislative  power  could  he  so 
constituted  as  to  represent  the  majority  without  necessarily 
being  the  slave  of  its  passions,  an  executive  so  as  to  retain 
a  proper  share  of  authority,  and  a  judii-iary  so  as  to  i-e- 
main  independent  of  the  other  two  powers,  a  government 

At  that  time,  the  war  was  very  i)Oj)ular  in  Bahiinoro.  A  journal  which 
hud  taken  tlio  other  side  excited  by  its  oi)i)osition  the  indij,'nation  of  tiic 
inliabitants.  The  mob  asbcnibled,  broive  the  j)rintinj,'-i)rcsse6i,  and  attatked 
tlie  iiouse  of  the  editors.  Tlie  militia  was  called  out,  but  did  not  t)bcy 
the  call ;  and  the  only  means  of  savinp:  the  wretches  who  were  threatened 
by  the  frenzy  of  the  mob,  was  to  throw  them  into  prison  as  common  male- 
factors. But  even  this  precaution  was  ineftectual ;  the  mob  collected  again 
during  the  night;  the  magistrates  again  made  a  vain  attemi)t  to  call  out  the 
militia;  the  prison  was  forced,  one  of  the  newspaper  editors  wus  killed 
upon  the  spot,  and  the  others  were  left  for  dead.  The  guilty  parties,  when 
they  were  brought  to  trial,  were  acfjuitted  by  the  jury. 

I  said  one  day  to  an  inhabitant  of  Pennsylvania,  "  Be  so  good  as  to  ex- 
plain to  me  hoAV  it  happen>  that  in  a  State  founded  by  Quakers,  and  cele- 
brated for  its  toleration,  free  Blacks  are  not  allowed  to  exercise  civil  rights. 
Thjy  pay  taxes;  is  it  not  fair  that  they  should  vote?" 

"  You  insult  us,"  replied  my  informant,  "  if  you  imagine  that  our  leg- 
islators could  have  committed  so  gross  an  act  of  injustice  and  intoler- 
ance." 

"  Then  the  Bi     -s  possess  the  right  of  voting  in  this  country  ?  " 

"Without  doubt." 

"  How  comes  it,  then,  that  at  the  polling-booth,  this  morning,  I  did  not 
perceive  a  single  Negro  in  the  meeting  1 " 

"  This  is  not  the  fault  of  the  law :  the  Negroes  liave  an  undisputed  right 
of  voting ;  but  they  voluntarily  abstain  from  making  their  appearance." 

"  A  very  pretty  piece  of  modesty  on  their  part!  "  rejoined  I. 

"  Why,  the  truth  is,  that  they  are  not  disinclined  to  vote,  but  they  aro 
afraid  of  being  maltreated ;  in  this  country,  the  law  is  sometimes  unable  to 
maintain  its  authority,  without  the  support  of  the  majority.  But  in  this 
case,  the  majority  entertains  very  strong  prejudices  against  the  Blacks,  and 
the  magistrates  are  unable  to  protect  them  in  the  exercise  of  their  legal 
rights." 

"  Then  the  majority  claims  the  right  not  only  of  making  the  laws,  but 
of  breaking  the  laws  it  has  made  ? " 

[In  Massachusetts,  and  some  other  States,  free  Blacks  vote  as  regularly 
as  any  other  class  of  citizens.  —  Am.  Ed.] 


ii-f 


jf 


iii  i 


if 

V.  ' 


334 


DEMOCRACY   IN   AMERICA. 


m 


would  1)0  foriTipd  wliicli  would  still  bo  democratic,  without 
incurring  hardly  any  risk  of  tyranny. 

I  do  not  say  that  there  is  a  frecjuent  use  of  tyranny  in 
Amerif'a  at  the  present  day  ;  but  I  maintain  that  there  is 
no  sure  barrier  a;jjalnst  it,  and  that  the  causes  which  miti- 
gate the  government  there  are  to  be  found  in  the  circum- 
stiiiices  and  the  manners  of  the  country,  more  than  in  its 
laws.* 

*  Tliis  whole  chapter  is  a  glowing  description  of  tiie  evils  which  are  to 
be  feared  in  the  United  States  from  an  abuse  of  the  immense  jjower  of  the 
majority.  In  the  main,  it  is  a  truthful  pirture ;  and  yet  the  author  allows 
himself  to  he  so  far  licatcd  hy  his  own  rliotoric  i\s  to  forget  the  chocks  and 
limitations  of  this  dominant  power  which  he  lias  himself  elsewhere  noticed. 
The  very  complexity  of  our  frame  of  government  enables  us  to  set  off  and 
balance  the  strength  of  one  majority  against  another.  Thus  the  Federal 
and  the  State  governments  mutually  restrain  and  limit  each  other,  while  each 
is  restricted  hy  many  provisions  in  its  o\vn  written  Constitution,  which  are 
of  the  nature  of  a  Bill  of  Rights.  No  law  can  be  passed  by  the  Federal 
Legislature  without  the  concurrence  of  a  majority  of  tlie  States  represented 
in  the  Senate,  wherein  little  Delaware,  with  only  one  hundred  tliousand 
inhabitants,  has  as  poter  a  voice  as  the  Empire  State  of  New  York,  with, 
its  three  and  a  half  millions.  Even  the  sturdy  little  New  England  town- 
ship, so  admirably  described  elsewhere  by  M.  (h;  Tocquevillc,  succeeds  iu 
causing  its  rights  to  be  respected  in  the  State  Legislature,  where  it  is  im- 
mensely outnumbered,  because  the  other  to^vnships  would  make  common 
cause  with  it  against  any  crying  injustice,  fearing  that  its  case  may  become 
their  own  at  some  future  day.  Moreover,  the  majority  in  a  State,  or  even 
in  the  United  States,  though  a  mighty,  is  also  au  unwiehly  power,  acting 
only  at  long  intervals,  once  a  year,  or  once  in  four  years,  and  then  tlirough 
80  many  agents,  and  so  much  machinery,  that  the  force  of  its  blows  is 
greatly  impaired  before  they  reach  their  object.  It  is  only  a  figure  of 
speech  to  say  that  the  majority  of  the  people  make  tiie  laws,  because  they 
choose  the  members  of  the  Legislature.  The  delegates  thus  chosen  respect 
their  constituents,  it  is  true,  and  strive  in  the  main  to  conform  to  their 
wishes ;  and  yet  they  act  very  differently  from  what  those  constituents 
would  do,  if  allowed  to  come  together  whenever  they  pleased,  and  directly 
enact  any  law  that  pleased  them,  upon  any  subject.  The  necessary  delays 
in  law-mak.ng,  the  compliance  with  established  forms,  the  suspensive  veto 
of  a  Governor  or  a  President,  the  fear  which  each  individual  legislator 
entertains  lest  the  proposed  enactment,  though  it  may  gratify  his  present 


TIIK   UNLIMITKD   TOWKR   Of   THK   MA.IOItlTV. 


335 


EFFECTS  OF  THE  OMNIPOTENCE  OF  THE  MAJORITY  UPON 
THE  AlimTllARY  AUTHOllITY  OF  AMERICAN  rUHEIC  OP- 
FICEUS. 

Liberty  left  by  the  American  Laws  to  Public  Officers  withiu  a  cortaiu 
Sphere.  —  Their  Power. 

A  DISTINCTION  must  be  drawn  between  tyranny  and 
arbitrary  power.  Tyranny  may  be  exercised  by  means  ol 
the  law  itself,  and  in  that  case  it  is  not  arbitrary  ;  arl)itrary 
power  may  be  exercised  tor  the  })ublic  ^ood,  in  which  case 
it  is  not  tyraimical.  'lyranny  nsually  employs  arbitrary 
means,  bnt,  if  necessary,  it  can  do  without  them. 

In  the  United  States,  the  omnij)otence  of  the  majority, 
which  is  favorable  to  the  lecjal  despotism  of  the  le«:;islature, 
likewise  favors  the  arbitrary  authority  of  the  mairistrate. 

passion  or  tlio  present  passions  of  his  constituents,  may  work  harm  to  him 
or  them  in  the  long  run,  —  all  these  are  salutary  sjafcj^uards  against  tho 
abuse  of  a  mighty  power. 

Again,  it  is  only  a  figure  of  speech  to  represent  tho  majority  and  the 
minority  as  two  individuals  contending  with  each  other,  though  very  un- 
equally matched.  A  majority  is  not  one  man,  but  a  nmltitude  of  men,  and 
a  multitude  which  cannot,  by  any  degree  of  political  skill  and  discijilinc, 
be  made  to  think  or  act  as  one  man.  The  individuals  who  compose  it  are 
the  majority  only  on  this  or  that  subject ;  on  half  a  dozen  other  subjects, 
every  one  of  them  may  be  a  member  of  a  minority ;  on  some  points  — 
his  own  private  interests,  for  example  —  he  may  stand  alone.  Thus  situ- 
ated, he  is  not  at  all  likely  to  make  an  unscrupulous  use  of  the  vast  strength 
of  the  greater  number,  but  will  generally  favor  moderate  and  conciliatory 
counsels.  He  will  also  reflect,  that  the  change  of  a  very  few  votes  may 
place  the  majority  on  the  other  side  in  respect  to  the  very  subjects  on  which 
it  is  now  with  him ;  and  any  violent  expedient  which  he  may  now  adopt 
will  then  be  a  formidable  precedent  to  be  used  against  him. 

As  to  the  riots  in  Baltimore  and  elsewhere,  or  the  prejudice  which  so 
generally  operates  in  America  to  the  disadvantage  of  the  Negroes,  M.  de 
Tocqueville  forgets  that  such  things  are  not  peculiar  to  democracies.  Wit- 
ness the  No-Popery  riots  of  1780,  the  Bristol  riots  on  occasion  of  tho 
Reform  Bill,  the  frequent  emeutes  at  Paris,  and  a  thousand  other  historical 
cases.  —  Am.  Ed. 


iM[ 


1      I 


!<  fl 


i 


p 


.  t- 

\t'<;'  , 

li'i  '' 


830 


DKMOCIJACY    IN    AMKIJICA. 


Tlu'  majority  lias  altsoluto  powor  botlj  to  make  the  law  and 
to  wutcli  over  its  (.'xccutioii  ;  and  as  it  lias  ('(iiial  authority 
over  those  who  are  in  power,  and  the  coinnmnity  at  lar^c, 
it  considers  puhlic  ofKcers  as  its  passive  agents,  and  readily 
confides  to  them  the  task  of  carryinj^  out  its  desio;iis.  The 
details  of  their  otKce,  and  the  })rivileyes  which  they  are  to 
enjoy,  are  rarely  defined  beforehand.  It  treats  them  as  a 
master  does  his  servants,  since  they  arc  always  at  work  in 
his  sight,  and  he  can  direct  or  reprimand  them  at  any 
instant. 

In  p;eneral,  the  American  functionaries  are  far  more  in- 
dependent within  the  sjjhere  which  is  prescribed  to  them 
than  the  French  civil  officers.  Sometimes,  even,  they  are 
allowed  by  the  popular  authority  to  exceed  those  bounds  ; 
and  as  they  are  protected  by  the  opinion,  and  backed  by 
the  power,  of  the  majority,  they  dare  do  thino;s  which 
even  a  European,  accustomed  as  he  is  to  arbitrary  ])ower, 
is  astonished  at.  liy  this  means,  habits  arc  formed  in  the 
heart  of  a  free  country  which  may  some  day  prove  fatal  to 
its  liberties. 


POWER    EXERCISED     BY    THE     MAJORITY    IN    AMERICA    UPON 

OPINION. 


i    ! 


In  America,  wlicn  tlic  JMajority  lias  once  irrevocably  dccidccl  a  Question,  nil 
Discussion  censes.  —  Reason  of  this.  —  Moral  Power  exercised  by  the 
Majority  upon  Opinion.  —  Democratic  Republics  have  applied  Desnot- 
ism  to  the  Minds  of  Men. 

It  is  in  the  examination  of  the  exercise  of  thought  in 
tlie  United  States,  that  we  clearly  perceive  how  far  the 
power  of  tiie  majority  surpasses  all  the  powers  with  which 
we  are  acquainted  in  Europe.  Thought  is  an  invisible  and 
subtile  power,  that  mocks  all  the  efforts  of  tyranny.  At 
the  present  time,  the  most  absolute  monarchs  in  Europe 
cannot  prevent  certain  opinions  hostile  to  their  authority 


THE   UNMMITKl)   I'oWT.U   OF   Til!'.   MArttlMTY. 


from  clnMiliitln;;  in  si'civt  tliroiiifli  tlicir  (lominions,  and 
('I'M  ill  tlu'ir  ('(Hirts.  It  is  not  so  in  Anu'ricii ;  as  lon^;  as 
tiu'  niiii(»ritv  if*  still  undccidi'd,  discnssidii  is  cjiiTicd  on  :  hnt 
as  soon  as  its  decision  is  irivvocaltly  iminonnccd,  I'vory  ono 
is  silent,  and  the  friends  as  well  as  tlie  o|H»onents  of  tlio 
nieasnre  nnito  in  assenting!;  to  its  jn'opriety.  Tlie  reason 
of  tins  is  perfectly  clear :  no  nionareli  is  so  nUsoInte  in  to 
combine  all  tlu'  powers  of  society  in  liis  own  hands,  and 
to  coiKjner  all  o]»position,  as  a  majority  is  ahle  to  do,  wliicli 
has  the  riiiht  both  of  makinjj;  and  ot"  execiitinu  the  laws. 

The  authority  of  a  kini;  is  jthysical,  and  controls  tlio 
actions  of  men  without  sul)(luin<;  their  will,  lint  the  ma- 
jority  possesses  a  power  which  is  pliysical  and  moral  at  the 
same  time,  wliicli  acts  upon  tlie  will  us  nuicli  as  u})on  the 
actions,  and  represses  not  oidy  all  contest,  but  all  con- 
troversy. 

I  know  of  no  country  in  which  there  is  so  little  inde- 
})endence  of  mind  and  real  freedom  of  discussion  as  in 
America.  In  any  constitutional  state  in  Europe,  every  sort 
of  relig'ious  and  })olitical  theory  may  be  freely  preached 
and  disseminated ;  for  there  is  no  coujitiy  in  Europe  so 
subdued  by  any  sino;lo  authority,  as  not  to  protect  the  man 
who  raises  his  voice  in  the  cause  of  truth  from  the  conse- 
(piences  of  his  hardihood.  If  he  is  unfortunate  enough  to 
live  under  an  absolute  government,  the  peoi)le  are  often 
upon  his  side ;  if  he  iidiabits  a  free  country,  he  can,  if 
necessary,  find  a  shelter  b(  'lind  the  throne.  The  aristo- 
cratic part  of  society  supports  him  in  some  countries,  and 
the  democracy  in  others.  But  in  a  nation  where  demo- 
cratic institutions  exist,  organi/x'd  like  those  of  the  United 
vStates,  there  is  but  one  authority,  one  element  of  strcnfjth 
and  success,  with  nothing  beyond  it. 

In  America,  the  majority  raises  formidable  baiTiers 
arounil  the  liberty  of  opinion :  w  ithin  these  barriers,  an 
author  may  write  what  he  pleases ;  but  ^yoe  to  him  if  he 

15  V 


'  f. 


>!      ' 


1 

i .  Ji 

1 

i 

•If 

■4\ 

33 


DKMOCRACY  IN  AMKRICA. 


goes  beyond  them.  Not  that  he  is  in  danger  of  an  auto- 
da-fe,  hut  lie  is  exposed  to  continued  obloquy  and  per- 
secution. His  pohtical  career  is  closed  forever,  since  he 
has  offended  the  only  authority  which  is  able  to  open 
it.  Every  sort  of  compensation,  even  that  of  celebrity,  is 
refiised  to  him.  Before  publishing  his  opinions,  he  im- 
agined that  he  held  them  in  common  with  others  ;  but  no 
sooner  has  he  declared  them,  than  he  is  loudlv  censured  bv 
his  opponents,  whilst  those  who  think  like  him,  without 
having  the  courage  to  speak  out,  abandon  him  in  silence. 
He  yields  at  length.,  overcome  by  the  daily  effort  which  he 
has  to  make,  and  subsides  into  silence,  as  if  he  felt  remorse 
for  having  spoken  the  truth. 

Fetters  and  headsmen  were  the  coarse  instniments  which 
tyranny  formerly  employed ;  but  the  civilization  of  our  age 
has  perfected  despotism  itself,  though  it  seemed  to  have 
nothing  to  learn.  Monarchs  had,  so  to  speak,  materialized 
oppression :  the  democratic  republics  of  the  present  day 
have  rendered  it  as  entirely  an  affair  of  the  mind,  as  the 
will  Avhicli  it  is  intended  to  coerce.  Under  the  absolute 
sway  of  one  man,  the  body  was  attacked  in  order  to  sub- 
due  the  soul ;  but  the  soul  escaped  the  blows  which  were 
directed  against  it,  and  rose  proudly  superior.  Such  is  not 
the  course  adopted  by  tyranny  in  democratic  republics ; 
there  the  body  is  left  free,  and  the  soul  is  enslaved.  The 
master  no  longer  says,  "  You  shall  think  as  I  do,  or  you 
shall  die  "  ;  but  he  says,  "  You  are  free  to  think  differently 
from  me,  and  to  retain  your  life,  your  property,  and  all 
that  you  possess ;  but  you  are  henceforth  a  stranger  among 
your  people.  You  may  retain  your  civil  rights,  but  they 
will  be  useless  to  you,  for  you  will  never  be  chosen  by 
your  fellow-citizens,  if  you  solicit  their  votes  ;  and  they  will 
affect  to  scorn  you,  if  you  ask  for  their  esteem.  You  will 
remain  among  men,  but  you  will  be  deprived  of  the  rights 
of  mankind.     Your  fallow-creatures  will  shun  you  like  an 


THE    UNLIMITED    POWER    OF    THE    MAJORITY, 


339 


impure  ueinfi; , 


rio-lits 
ike  an 


beinji; :  and  even  those  ^v]lo  believe  in  vonr  inno- 
cence  Avill  abandon  yon,  lest  they  shonid  be  shunned  in 
their  turn.  Go  in  peace !  I  have  given  you  your  life, 
but  it  is  an  existence  worse  than  death." 

Absolute  monarchies  had  dishonored  despotism  ;  let  us 
beware  lest  democratic  republics  should  reinstate  it,  and 
render  it  less  odious  and  degrading  in  the  eyes  of  the  many, 
by  making  it  still  more  onerous  to  the  few. 

Works  have  been  published  in  the  proudest  nations  of 
the  Old  World,  expressly  intended  to  censure  the  vices 
and  the  follies  of  the  times:  l^abrnyere  inhabited  the  pal- 
ace of  Louis  XIV.,  when  he  composed  his  chapter  n[)()n 
the  Great,  and  Moliere  criticised  the  courtiers  in  the  pieces 
which  were  acted  before  the  court.  But  the  ruliivg  power 
in  the  United  States  is  not  to  be  made  oanie  of.  The 
smallest  reproach  irritates  its  sensibility,  and  the  slightest 
joke  which  has  any  foundation  in  truth  renders  it  iudig- 
nant ;  from  the  forms  of  its  language  up  to  the  solid  vir- 
tues of  its  character,  evervthino;  must  be  made  the  subject 
of  encomium.  No  writer,  whatever  be  his  eminence,  can 
escape  paying  this  tribute  of  adulation  to  his  fellow-citizens. 
The  majority  lives  in  the  perpetual  uUerance  of  self-ap- 
plause; and  there  are  certain  truths  which  the  Americans 
can  only  learn  from  strangers  or  from  expoi'ience. 

If  America  has  not  as  yet  had  any  great  writers,  the 
reason  is  given  in  these  facts  :  there  can  be  no  literarv 
genius  without  freedom  of  opinion,  and  freedom  of  o})inion 
does  not  exist  in  America.  The  Inquisition  has  never 
been  able  to  prevent  a  vast  number  of  anti-religious  books 
from  circulating  in  Spain.  The  em[)ire  of  the  majority 
succeeds  much  better  in  the  United  States,  since  it  actually 
removes  any  wish  to  publish  them.  Unbelievers  are  to  be 
met  with  in  America,  but  there  is  no  public  organ  of 
infidelity.  Attempts  have  been  made  by  some  govern- 
ments to  protect  molality  by  prohibiting  licentious  books. 


\  B:''  '■'  y 


&'-^~. 


JVi-ts 


'■m  n 


-.A- 


:}40 


Df:MOCRACY   IN   AMERICA. 


In  the  Unitofl  States,  no  one  is  pnnlslied  for  this  sort  of 
books,  but  no  one  is  induced  to  write  them  ;  not  because 
all  the  citizens  are  inunaciilate  in  conduct,  but  because  the 
majority  of  the  connnunity  is  decent  and  orderly. 

In  this  case  the  use  of  the  power  is  unquestionably  good ; 
and  I  am  discussing  the  nature  of  the  power  itself.  This 
irresistible  authority  is  a  constant  fact,  and  its  judicious 
exercise  is  only  an  accident.* 


EFFECTS  OF  THE  TYRANNY  OF  THE  MAJORITY  UPON  THE 
NATIONAL  CHARACTER  OF  THE  AMERICANS. THE  COUR- 
TIER-SPIRIT   IN    THE    UNITED    STATES. 


!.i 


':  ? 


Eftbcts  of  tlic  Tyranny  of  the  Majority  more  sensibly  felt  liitlierto  on  the 
Manners  than  on  the  Conduct  of  Society.  —  They  dicck  the  Develop- 
ment of  f^rcat  Characters.  —  Democratic  Repuhlics,  or<j;anize(l  like  the 
United  States,  infuse  the  Courtier-spirit  into  the  Mass  of  the  People.  — 
Proofs  of  this  Spirit  in  the  United  States,  —  Why  there  is  more  Patriot- 
ism in  the  People  than  in  those  who  govern  in  their  Name. 

The  tendencies  which  I  have  just  mentioned  are  as 
yet  but  slightly  perceptible  in  political  society ;  but  they 
already  exercise  an  untiivorable  influence  upon  the  national 
character  of  the  Americans.  I  attribute  the  small  number 
of  distinguished  men  in  political  life  to  the  ever-increasing 
despotism  of  the  majoi'ity  in  the  United  States. 

When  the  American  Revolution  broke  out,  they  arose 
in  great  numbers ;  for  public  opinion  then  ser>^ed,  not  to 
tyrarmize  over,  but  to  direct  the  exertions  of  individuals. 
Those  celebrated  men,  sharino;  the  agitation  of  mind  com- 

*  De  Tocqneville's  remarks  on  this  subject  arc  rhetorical,  and  altogether 
too  highly  colored.  It  is  notorious,  that,  in  politics,  morality,  and  religion, 
the  most  ortcnsive  opinions  are  preached  and  printed  every  week  liere  in 
America,  apparently  for  no  other  j)urpose  than  that  of  shocking  the  senti- 
ments of  the  great  bulk  of  the  community.  Instead  of  complaining  of  tho 
bondage  of  thought,  the  judicious  observer  will  rather  grieve  at  the  extreme 
licentiousness  of  the  rostrum  and  the  press.  —  Am.  Ed. 


THE    UXLLMITKI)    TOWKIt    OF    TlIK    MAIORITV. 


841 


mon  at  that  period,  had  a  grandcMir  })C'c'uliai'  to  thoiusolvos, 
whicli  was  reflected  back  upon  the  nation,  but  was  by  no 
means  borrowed  from  it. 

In  absolute  goverinnents,  the  great  nobles  who  are  neat- 
est to  the  throne  flatter  the  passions  of  the  sovereign,  and 
voluntarily  truckle  to  his  cajjrices.  lint  the  mass  of  the 
nation  does  not  degrade  itself  bv  servitude  ;  it  often  sub- 
mits  from  weakness,  from  habit,  or  from  ignorance,  and 
sometimes  from  loyalty.  Some  nations  have  been  known 
to  sacrifice  their  own  desires  to  those  of  the  soMTcign  with 
pleasure  and  i)nde,  thus  exhibiting  a  sort  of  indi'pcndence 
of  mind  in  the  very  act  of  submission.  'I'hese  nations  are 
miserable,  but  thev  are  not  deo-raded.  There  is  it  civat 
ditference  betweer^  doing  what  one  does  noi  approxc,  and 
feigning  to  approve  what  one  does  ;  he  one  is  the  weakness 
of  a  feeble  person,  the  other  befits  the  temjx'r  of  a  lackev. 

In  free  countries,  where  every  one  is  more  or  less  called 
upon  to  give  his  o[)inion  on  afl^'airs  of  state,  —  in  (h'mocratic 
republics,  where  public  life  is  incessantly  mingled  witli  (h)- 
mestic  affairs,  where  the  sovereion  authoritv  is  accessible 
on  every  side,  and  where  its  attention  can  always  be  at- 
tracted by  vociferation,  —  more  persons  arc  to  be  met  wiili 
who  speculate  upon  its  weaknesses,  and  live  u])ou  minis- 
tering to  its  passions,  than  in  absolute  monarchies.  Not 
because  men  are  naturally  worse  in  these  states  than  e!s.>- 
Avhere,  but  the  temptation  is  stronger  and  of  easier  access 
at  the  same  time.  The  result  is  a  more  extensive  dL-'jas«'- 
ment  of  character. 

Democratic  republics  extend  the  practice  of  currying 
favor  with  the  many,  and  introduce  it  into  all  classes 
at  once :  this  is  the  most  serious  reproach  that  can  be 
addressed  to  them.  This  is  especially  true  in  democratic 
states  organized  like  the  American  republics,  where  the 
power  of  the  majority  is  so  absolute  and  irresistible  that 
one  must  give  up  his  rights  as  a  citizen,  and  almost  abjure 


mvU^ 


f4  '' 


i  *■ 


i  ■bl 


n 


342 


DEMOCRACY   IN   AMKUICA. 


IM 


ii; 


m 


Itfci 


%:'( 


his  qualities  as  a  man,  if  lie  intends  to  stray  from  the  track 
which  it  })rescribes. 

In  that  immense  crowd  which  thrones  the  avenues  to 
power  in  the  United  States,  I  found  very  few  men  who 
dis])laved  that  manly  candor  and  masculine  independence 
of  opinion  wiiich  trecjuently  distinguished  the  Americans 
in  former  times,  and  which  constitutes  the  leading  feature 
in  distinguished  characters  wheresoever  they  may  l>e  found. 
It  seems,  at  first  sight,  as  if  all  the  minds  of  the  Ameri- 
cans were  formed  upon  (me  model,  so  accurately  do  tluy 
follow  the  same  route.  A  stranger  does,  indeed,  sometimes 
meet  with  Americans  who  dissent  from  the  rigor  of  these 
fonnularies,  —  with  men  who  de})lore  the  defects  of  the 
laws,  the  nmtahility  and  the  ignorance  of  democracy,  — 
who  even  2:0  so  far  as  to  observe  the  evil  tendencies  Avhich 
impair  the  national  character,  and  to  point  out  such  reme- 
dies as  it  might  be  possible  to  api)ly  ;  but  no  one  is  there  to 
hear  them  except  yourself,  and  you,  to  whom  these  secret 
reflections  are  confided,  are  a  stranger  and  a  bird  of  pas- 
sage. They  are  very  ready  to  communicate  truths  which 
are  useless  to  you,  but  they  hold  a  different  language  in 
public. 

If  ever  these  lines  are  read  in  America,  I  am  well  as- 
sured of  two  things ;  —  in  the  first  place,  that  all  who 
peruse  them  will  raise  their  voices  to  condemn  me  ;  and, 
in  the  second  place,  that  many  of  thom  will  acquit  me  at 
the  bottom  of  their  conscience. 

I  have  heard  of  patriotism  in  the  United  States,  and  I 
have  found  true  patriotism  among  the  people,  but  never 
among  the  leaders  of  the  people.  This  may  be  explained 
by  analogy :  despotism  debases  the  oppressed  much  more 
than  the  oppressor :  in  absolute  monarchies,  the  king  often 
has  great  virtues,  but  the  courtiers  are  invariably  servile. 
It  is  true  that  Anv^rican  courtiers  do  not  say  "  Sire,"  or 
"  Your    ]\Iajesty,"  —  a    distinction    without    a   difference. 


THE   UNLIMITKD    POWKR   OF   THE   JIAJOKITY. 


343 


They  are  forever  talking  of  the  natural  intelligence  of  the 
people  whom  they  serve :  they  do  not  debate  the  question 
which  of  the  virtues  of  their  master  is  pre-eminently  wor- 
thy of  admiration,  for  they  assure  him  that  he  possesses  all 
the  virtues  without  having  acquired  them,  or  without  caring 
to  acquire  them ;  they  do  not  give  him  their  daughters  and 
their  wives  to  he  raised  at  his  pleasure  to  the  rank  of  his 
concubines  ;  but,  by  sacrificing  their  opinions,  they  prosti- 
tute themselves.  Moralists  and  philoso})hers  in  America 
are  not  obliged  to  conceal  their  opinions  under  the  veil  of 
allegory ;  but  before  they  venture  upon  a  harsh  truth,  they 
say,  "  We  are  aware  that  the  people  whom  we  are  address- 
ing are  too  superior  to  the  weaknesses  of  human  nature  to 
lose  the  connnand  of  their  temper  for  an  instant.  We 
should  not  hold  this  language  if  we  were  not  speaking  to 
men  whom  their  \  irtues  and  their  intelliiicnco  render  more 
worthy  of  freedom  than  all  the  rest  of  the  world."  The  syc- 
ophants of  Louis  XIV.  could  not  flatter  more  dexterously. 
For  my  part,  I  am  persuaded  that,  in  all  governments, 
whatever  their  nature  may  be,  servility  will  cower  to  force, 
and  adulation  will  follow  power.  The  only  means  of  pre- 
venting men  from  degrading  themselves  is  to  inv^est  no  one 
with  that  unlimited  authority  which  Is  the  sure  method  of 
debasino;  them. 


m-  \ 


THE     GREATEST     DANGERS     OF     THE     AMERICAN     RErUBLTCS 
PROCEED    FROM    THE    OMNIPOTENCE    OF    THE    MAJORITY. 


;     :        I- 


Democratic  Republics  liable  to  perish  from  a  Misuse  of  their  Power,  and 
not  from  Impotence.  —  The  Governments  of  the  American  ltci)uljlic& 
are  more  Centralized  and  more  Enerfretic  than  those  of  the  Monarchies 
of  Europe.  —  Dangers  resulting  from  this.  —  Opinions  of  Madison  and 
Jefferson  upon  this  Point. 

Governments  usually  perish  from  impotence  or  from 
tyranny.     In  the   former  case,  their  p<.)\\cr  escapes  from 


'ill 


m « 


544 


DEMOCRACY   IN  AMERICA. 


:  I 


r  n 


> '  i  ' 


i  il 


;ii 


them  ;  it  is  wrested  from  their  <^rasp  in  the  latter.  ]\Iany 
observers  who  have  witnessed  the  anarcliy  of  democratic 
states,  have  imagined  that  the  government  of  tliose  states 
was  naturally  weak  and  impotent.  The  truth  is,  that, 
when  war  is  once  begun  between  parties,  the  government 
loses  its  control  over  society.  But  I  do  not  think  that  a 
democratic  power  is  naturally  without  force  or  resources  ; 
say,  rather,  that  it  is  almost  always  by  the  abuse  of  its 
force,  and  the  misem})loy)nent  of  its  resources,  that  it  be- 
comes a  failure.  Anarchy  is  almost  always  produced  by 
its  tyranny  oi-  it.-^  mistakes,  but  not  by  its  want  of  strength. 

It  is  im})L'itant  not  to  confound  stability  with  force,  or 
the  greatn<.->s  -f  a  thing  with  its  duration.  In  democratic 
republic'^-,  the  j.ower  which  directs*  society  is  not  stable; 
for  it  often  c.i mges  hands,  and  assumes  a  new  direction. 
But,  wiiich^-ivv  •  way  it  turns,  its  force  is  almt>  ;t  irresistible. 
The  govermw:ui;s  of  the  American  republics  appear  to  me 
to  be  as  much  centralized  as  those  of  the  absolute  monarch- 
ies of  Euro})e,  and  more  energetic  than  they  are.  I  do  not, 
therefore,  imagine  that  they  will  perish  from  weakness. f 

If  ever  the  free  institutions  of  America  are  destroyed, 
that  event  may  be  attributed  to  the  omnipotence  of  the 
majority,  which  may  at  some  future  time  urge  the  minor- 
ities to  desperation,  and  oblige  them  to  have  recourse  to 
physical  force.  Anarcliy  Avill  then  be  the  result,  but  it 
will  have  been  brought  jiuout  by  despotism. 

Mr.  Madison  expresses  the  same  opinion  in  the  Federal- 
ist, No.  51.     "  It  is  of  great  importnjice  iv.  a  republic,  not 

*  Tl'is  power  may  be  t'eiitnilizcd  iu  an  asscnibly,  in  which  case  it  will  be 
strong  without  being  stable ;  or  it  may  be  centralized  in  an  individual,  iu 
■which  case  it  v/ill  bo  less  strong,  but  more  stable. 

t  I  presume  that  it  is  scarcely  necessary  to  remind  the  reader  here,  as  well 
as  throughout  this  chapter,  that  I  am  speaking,  not  of  the  Federal  govern- 
ments, but  of  the  several  governments  of  each  State,  which  the  majority 
controls  at  its  pleasure. 


I    ;!. 


THE   UNLDnTKD   TOWKR   OF   TIIK   MAJORITY. 


04 


o 


only  to  rriiard  tlic  society  against  the  oppression  of  its  rul- 
ers, but  to  guard  one  part  of  the  society  against  the  injus- 
tice of  the  other  part.  Justice  is  the  end  of  government. 
It  is  the  end  of  civil  society.  It  ever  has  been,  and  ever 
■will  be,  pursued  until  it  be  obtained,  or  until  liberty  be 
lost  in  the  pursuit.  In  a  society,  under  the  forms  of  which 
the  stronger  faction  can  readily  imite  and  o])[)ress  the 
weaker,  anarchy  may  as  truly  be  said  to  reig  '  as  in  a 
state  of  nature,  where  the  weaker  individual  is  not  secured 
against  the  violence  of  the  stronger:  and  as,  in  the  lattm* 
state,  even  the  stronger  individuals  are  prompted  by  the 
uncertainty  of  their  condition  to  submit  to  a  government 
which  may  protect  the  weak  as  well  as  themselves,  so,  in 
tlie  former  state,  will  the  more  powerful  factions  ])(•  gi'ad- 
uallv  iiiduced  bv  a  like  motive  to  wish  for  a  government 
Ashich  will  protect  all  parties,  the  weaker  as  well  as  the 
more  powerful.  It  can  be  little  doubted,  that,  if  the  State 
of  Rhode  Island  was  se|)arated  from  the  Confederacy  and 
left  to  itself,  the  insecurity  of  right  under  the  popular  form 
of  ovvernmeiit  within  such  narrow  limits  would  b(»  dis- 
played  by  such  reiterated  op])ressions  of  the  factious  major- 
ities, that  some  power  altogether  inde})ondent  of  the  people 
would  soon  be  called  for  by  the  voice  of  tiie  very  factions 
whose  misrule  had  proved  the  necessity  of  it." 

Jefferson  also  said :  "  The  executive  power  in  our  gov- 
ernment is  not  the  only,  perhaps  not  even  the  ])rincij)al, 
object  of  my  solicitude.  The  tyranny  of  the  legislature  is 
really  the  danger  most  to  be  feared,  and  will  continue  to  be 
so  for  many  years  to  come.  The  tjTanny  of  the  executive 
power  will  come  in  its  turn,  but  at  a  more  distant  ])eriod." 

I  am  glad  to  cite  the  opinion  of  Jefferson  upon  this  sub- 
ject rather  than  that  of  any  other,  because  I  consider  him 
the  most  powerflil  advocate  democracy  has  e\  er  had. 


15* 


'id 


!■  V 


il:    ■■! 


niN 


c.  ■ 


540 


DKMOCRACY    IN   AMKRICA. 


CHAPTER    XVI. 

CAUSES    WHICH    MITIGATE    THE    TYRANNY   OF  THE    MAJORITY 

IN  THE   UNITED   STATES.  ' 

ABSENCE    OF   CENTRALIZED    ADMINISTRATION. 


lf>'  I 


The  National  Majority  does  uot  pretend  to  do  cverytliing.  —  Is  obliged  to 
employ  the  Town  and  County  Magistrates  to  execute  its  sovereign  Will. 

I  HAVE  already  pointed  out  the  distinction  between 
a  centralized  government  and  a  centralized  adminis- 
tration. The  former  exists  in  America,  hut  the  latter  is 
nearly  unknown  there.  If  the  directing  power  of  the 
American  communities  had  both  these  instruments  of  gov- 
ernment  at  its  disposal,  and  united  the  habit  of  executing 
its  commands  to  the  rifjht  of  commandino; ;  if,  after  havino; 
established  the  general  principles  of  government,  it  de- 
scended to  the  details  of  their  application  ;  and  if,  having 
regidated  the  great  interests  of  the  country,  it  could  de- 
scend to  the  circle  of  individual  interests,  freedom  would 
soon  be  banished  fi'om  the  New  World. 

But  in  the  United  States,  the  majority,  which  so  fre- 
quently displays  the  tastes  and  the  propensities  of  a  despot, 
is  still  destitute  of  the  most  perfect  instruments  of  tyranny. 

In  the  American  republics,  tlie  central  government  has 
never  as  yet  busied  itself  but  with  a  small  number  of 
objects,  sufficiently  prominent  to  attract  its  attention.  The 
secondary  affairs  of  society  have  never  been  regulated  by 
its  authority ;  and  nothing  has  hitherto  betrayed  its  desire 
of   even    interfering   in    them.     The   majority   is    become 


MITIGATIONS   OF   THE   TYRANNY   OF   TIIK   MAJOUITY.     o47 

more  and  more  absolute,  but  lias  not  increased  the  prerog- 
atives of  the  central  government ;  those  great  prerogatives 
have  been  confined  to  a  certain  s})here ;  and,  although  the 
desi)otism  of  the  majority  may  be  galling  upon  one  point, 
it  cannot  be  said  to  extend  to  all.  However  the  j)redomi- 
jiant  party  in  the  nation  may  be  carried  away  by  its  j)as- 
sions,  however  ardent  it  may  be  in  the  })ursuit  of  its 
j)rojects,  it  cannot  oblige  all  the  citizens  to  comply  with  its 
desires  in  the  same  manner,  and  at  the  same  time,  through- 
out the  country.  When  the  central  government  which 
represents  that  majority  has  issued  a  decree,  it  nuist  in- 
trust the  execution  of  its  will  to  agents,  over  whom  it  fre- 
quently has  no  control,  and  whom  it  cannot  per})etually 
direct.  The  townshi})S,  municipal  bodies,  and  counties 
form  so  many  concealed  breakwaters,  which  check  or  part 
the  tide  of  popular  determination.  If  an  0})pressive  law 
were  passed,  liberty  would  still  be  protected  by  the  mode 
of  executing  that  law  ;  the  majority  cannot  descend  to  the 
details  and  what  may  be  called  the  puerilities  of  adnn'nis- 
trative  tyranny.  It  does  not  even  imagine  that  it  can  do 
so,  for  it  has  not  a  full  consciousness  of  its  authority.  It 
knows  only  the  extent  of  its  natural  powers,  but  is  unac- 
quainted with  the  art  of  increashig  them. 

This  })oint  deserves  attention ;  for  if  a  democratic  re- 
public, similar  to  that  of  the  United  States,  were  ever 
founded  in  a  country  where  the  power  of  one  man  had 
previously  established  a  centralized  administration,  and  had 
sunk  it  deep  into  the  habits  and  the  laws  of  the  people,  I 
do  not  hesitate  to  assert,  that,  in  such  a  republic,  a  more 
insufferable  despotism  would  prevail  than  in  any  of  the 
absolute  monarchies  of  Europe ;  or,  indeed,  than  any 
which  could  be  found  on  tliis  side  of  Asia. 


iV^i 


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ift  f' 


■B-  11 


ll  1 


348 


DI'MOCUACY   IN   AMKHICA. 


THE     PROFESSION     OF    THE     LAW     IN      IIIK     UNITED     STATES 
SERVES     TO     COUNTERPOISE     THE     DEMOCRACY. 


I  liijli  ! 


Utility  of  lusccrtiiiniii^x  wliiit  urc  tlic  imtural  Instincts  of  tlic  Legal  Pro- 
fciision.  —  Tlii'sc  Mi-n  arc  to  act  a  iPioiniiicnt  i'art  in  future  SiMJcty. — 
How  the  peculiar  I'ursuit.s  of  Lawyers  >;ive  an  aristocratic  Turn  \(P 
their  Ideas.  —  Accidental  l.'auses  wiiich  nu>y  clicck  this  Tench'iicy.  — 
Euso  with  whidi  tiie  Aristocracy  coalesces  witii  Lv<s,a[  Men.  —  Use  of 
Lawyers  to  a  Despot.  —  Tiie  I'rotessiou  of  the  l^asv  constitutes  the  only 
aristocratic  Klenieut  witii  which  the  natural  Elements  of  Democracy 
will  comhine.  —  Peculiar  Causes  wiiich  tciul  to  j^ive  an  arislocratic  J'urn 
of  JMind  to  En^^lish  and  American  Lawyers.  —  Tlie  Arist(}iracy  of 
/.merica  is  on  the  IJench  and  at  tlie  liar.  —  Inliuenee  of  Lawyers  upon 
American  Society.  —  Tlieir  j)eeuliar  Magisterial  Spirit  alll'cts  the  Legis- 
lature, the  Administration,  and  even  tiie  I'eople. 

In  visiting  the  Aiiiei'icans  and  studying  tlieir  liiws,  we 
perceive  that  the  authority  they  have  intrusted  to  members 
of  tlie  legal  j)ro{ession,  and  the  iiiflnence  which  these  indi- 
viduals exercise  in  the  government,  is  the  most  ])Owei'ful 
existing  security  against  the  excesses  of  democracy.  This 
effect  seems  to  me  to  result-  from  a  general  cause,  which  it 
is  useful  to  investigate,  as  it  may  be  reproduced  elsewliei'e. 
The  members  of  the  legal  profession  have  taken  a  ])art 
in  all  the  movements  of  political  society  in  Euro})e  i'uv  the 
last  five  hundred  years.  At  one  time,  they  have  l)een  the 
iistruments  of  the  political  authorities,  and  at  another, 
they  have  succeeded  in  converting  the  political  authorities 
into  their  instruments.  In  the  jNIiddle  Ages,  they  afforded 
a  powerful  support  to  the  Crown  ;  and  sin(,'e  that  period, 
they  have  exerted  themselves  effectively  to  limit  the  royal 
prerogative.  In  England,  they  have  contracted  a  close 
alliance  with  the  aristt)cracy :  in  France,  they  have  shown 
themselves  its  most  dangerous  enemies.  Under  all  these 
circumstances,  have  the  members  of  the  legal  profession 
been  swayed  by  sudden  and  fleeting  impulses,  or  have  ihey 
been  more  or  less  impelled  by  instincts  which  are  natural 


MlTKiATlUNS    OF    Till:    IVKANNV    uF    IIIK    MAMJlUTY.     .'UO 


to  tlu'm,  juk!  uliicli  will  iilways  ivciir  in  history?  I  am 
iiiciti'd  to  tills  invc'sti^^iitioii,  lor  pcrliiips  this  [)articiiliir  cltiss 
of  iiu'ii  will  [Any  a  promiiiriit  part  in  the  })«)litical  society 
which  is  soon  to  ou  created. 

!Men  who  have  made  a  special  stndy  of  the  laws  derive 
ironi  this  occupation  certain  hahits  of  order,  a  taste  f!)r  for- 
malities, and  a  kind  of  instincti\e  regard  tor  the  I'eoular 
connection  of  ideas,  which  naturally  render  them  very  hos- 
tile I')  the  revolutionary  spirit  and  the  unrellectin^  passions 
of  the  nndtitude. 

'J  he  special  information  which  lawyers  derive  I'roi  'leir 
stu- lies  insures  them  a  separate  rank  in  society,  ai  liey 
constitute  a  sort  of  privileged  hody  in  the  scale  of  intellect. 
This  notion  of  their  superiority  })erj)etually  recurs  .to  them 
in  the  })ractice  of  their  profession  :  they  are  the  masters  of 
a  science  which  is  necessary,  but  which  is  not  very  <|en- 
erally  known :  iliey  serve  as  arbiters  between  the  citizens  ; 
and  the  habit  of  directing  to  their  })urpose  the  blind  [»as- 
sions  of  parties  in  litigation,  ins})ires  them  with  a  certain 
contempt  for  the  judgment  of  the  nndtitude.  Add  to  this, 
that  they  naturally  constitute  a  hotly  ;  not  by  any  previous 
understanding,  or  by  an  agreement  which  directs  them  to  a 
common  end;  but  the  analogy  of  their  stuilies  and  the  uni- 
formity of  their  methods  connect  their  minds  together,  as 
II  common  interest  might  unite  their  endeavors. 

Some  of  tlie  tastes  and  the  habits  of  the  aristocracy  may 
conseq""ntly  be  discovered  in  the  characters  of  lawyers. 
They  participate  in  tlie  same  instinctive  love  of  order  and 
tbrmalities ;  and  they  entertain  the  same  repugnance  to  the 
actions  of  the  multitude,  and  tlie  same  secret  contempt  of 
the  government  of  the  people.  I  do  not  mean  to  say  that 
the  natural  propensities  of  lawyers  are  sufficiently  strong 
to  sway  them  irresistibly ;  for  they,  like  most  other  men, 
are  governed  by  their  private  interests,  and  especially  by 
the  interests  of  the  moment. 


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DK.MOCnACY    IN   AMKI.'KA. 


In  a  state,  of  society  in  wliicli  the  meniluTs  of  tlie  IciXid 
profession  cannot  hold  tliat  rank  in  tlie  j>oHtical  world 
wliich  they  enjoy  in  ])rivate  Hfe,  we  may  rest  assured  that 
tliey  will  he  the  foremost  agents  of  revolution.  Jiut  it 
must  then  be  in({uired,  whether  the  cause  which  then 
induces  them  to  iiniovate  and  destroy  results  from  a  per- 
manent disposition  or  from  an  accident.  It  is  true  that 
lawyers  mainly  contributed  to  the  overthrow  of  the  French 
monarchy  in  1781);  but  it  remains  to  be  seen  whether  they 
acted  thus  because  they  had  studietl  the  laws,  or  because 
they  were  prohibited  from  makhig  them. 

Five  hundred  years  ago,  the  English  nobles  lieaded  the 
people,  and  spoke  in  their  name  ;  at  the  present  time,  the 
aristocracy  su})port  the  throne,  and  defend  the  royal  pre- 
rogative. But  aristocracy  has,  notwithstanding  this,  its 
peculiar  instincts  and  })ropensities.  We  must  be  careful 
not  to  confound  isolated  members  of  a  body  with  the  body 
itself.  In  all  free  iiovernments,  of  whatsoever  form  thev 
may  be,  members  of  the  legal  })rotession  will  be  found  in 
the  front  ranks  of  all  parties.  The  same  remark  is  also 
api)licable  to  the  aristocracy  ;  almost  all  the  tlemocratlc 
movements  wliich  ht.ve  amtated  the  world  have  been  di- 
rected  by  nobles.  A  privileged  body  can  never  satisfy 
the  ambition  of  all  its  members  :  it  has  always  more  tal- 
ents  and  more  passions  than  it  can  find  places  to  content 
and  employ  ;  so  that  a  considerable  number  of  individuals 
are  usually  to  be  met  with,  who  are  inclined  to  attack 
those  very  privileges  which  they  cannot  soon  enough  turn 
to  their  own  account. 

I  do  not,  then,  assert  that  all  the  members  of  the  legal 
profession  are,  at  all  times,  the  friends  of  order  and  the 
opponents  of  innovation,  but  merely  that  most  of  them  are 
usually  so.  In  a  comnumity  in  which  lawyers  are  allowed 
to  occupy  without  opposition  that  high  station  which  natu- 
rally belongs  to  them,  their  general  spirit  will  be  eminently 


MITIGATIONS    (»F   TIIK   TYRANNY    OF   Till:    MA.KMMIY.      '■)•'>[ 

conservative  nnd  imti-deiiioerntlc.  AVlicii  an  aristctcracy 
excludes  tlie  leaders  of  tliat  })r(»fessi()n  iVoni  its  i-anks,  it 
excites  enemies  wlio  are  the  more  formidaMe  as  tln-y  are 
independent  of  the  nobility  by  their  lahors,  and  feel  tlu-m- 
selves  to  be  their  equals  in  intelligence,  though  inferior  in 
opulence  and  power.  But  wlu-ncver  an  aristocracy  con- 
sents to  impart  some  of  its  privilet^es  to  these  same  individ- 
uals, the  two  classes  coalesce  very  readily,  and  assume,  as 
it  were,  family  interests. 

I  am,  in  like  manner,  inclined  to  believe  that  a  monarcli 
will  always  be  able  to  convert  le<i;al  practitioners  into  tlu; 
most  serviceable  instruments  of  his  authority.  'I  here  is  a 
far  greater  affinity  between  this  class  of  persons  and  the 
executive  power,  than  there  is  between  them  and  the  peo- 
ple, thougli  they  have  often  aided  to  overturn  the  former  ; 
just  as  there  is  a  greater  natural  affinity  between  the  nobles 
and  the  monarch,  than  between  the  nobles  and  tlu'  people, 
althouo;h  the  hicjlier  orders  of  society  have  often,  in  con- 
cert  with  the  lower  classes,  resisted  the  prerogative  of  the 
crown. 

Lawyers  are  attached  to  public  order  beyond  every  other 
consideration,  and  the  best  security  of  public  order  is  au- 
thority. It  must  not  be  forgotten,  also,  that,  if  they  prize 
freedom  much,  they  generally  value  legality  still  more: 
thev  are  less  afraid  of  tyranny  than  of  arbitrary  power; 
and,  provided  the  legislature  undertakes  of  itself  to  deprive 
men  of  their  independence,  they  are  not  dissatistied. 

I  am  therefore  convinced  that  the  })rince  who,  in  pres- 
ence of  an  encroachinii  democracy,  should  endeavor  to 
impair  the  judicial  authority  in  his  dominions,  and  to 
diminish  the  political  influence  of  la\\Tt'rs,  would  commit 
a  great  mistake  :  he  would  let  slip  the  substance  of  au- 
thority to  grasp  the  shadow.  He  would  act  more  wisely 
in  introducinrr  lawyers  into  the  o;overnment  ;  and  if  he 
intrusted  despotism  to  them  under  the  form  of  violence, 


1: 


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DKMOCKACY    IN'    AMKIMCA. 


I 


pcrlijips  In*  would  find  it  iiii;aln  in  tlieir  hands  under  the 
extciMial  features  of  justico  and  law. 

The  <|ov('rninent  of  democracy  is  favorable  to  tno  polit- 
ical power  (jf  lawyers ;  for  when  the  wealthy,  the  noble, 
and  the  prince  are  excluded  from  the  government,  the  law- 
yers take  possession  of  it,  in  their  own  right,  as  it  were, 
since  thev  are  the  oidy  men  of  information  and  sao;ficitv, 
beyond  the  sphere  of  the  ])eople,  who  can  be  the  object  of 
the  popular  choice.  If,  then,  they  are  led  by  their  tastes 
towards  the  aristocracy  and  the  prince,  they  are  brought 
in  contact  with  the  people  by  their  interests.  They  like 
the  government  of  democracy,  without  participating  in  its 
pro[)ensities  and  without  imitating  its  weaknesses ;  whence 
they  derive  a  twofold  authority  from  it  and  over  it.  The 
people  in  democratic  states  do  not  mistnist  the  members  of 
the  legal  profession,  because  it  is  known  that  they  are  in- 
terested to  serve  the  popular  cause ;  and  the  people  listen 
to  them  without  irritation,  because  they  do  not  attribute 
to  them  any  sinister  designs.  The  lawyers  do  not,  in- 
deed, svish  to  overthrow  the  institutions  of  democracy, 
but  they  constantly  endeavor  to  turn  it  away  from  its 
real  direction  by  means  which  are  foreign  to  its  nature. 
Lawyers  belong  to  the  people  by  birth  and  interest,  and 
to  the  aristocracy  by  habit  and  taste ;  they  may  be  looked 
upon  as  the  connecting  link  of  the  two  great  classes  of 
society. 

The  profession  of  the  law  is  the  only  aristocratic  element 
which  can  be  amalgamated  without  violence  with  the  nat- 
ural elements  of  democracy,  and  be  advantageously  and 
permanently  combined  with  them.  I  am  not  ignorant  of 
the  defects  inherent  in  the  character  of  this  body  of  men  ; 
but  without  this  admixture  of  lawyer-like  sobriety  with 
the  democratic  principle,  I  question  whether  democratic 
uistitutions  could  long  be  maintained ;  and  I  cannot  be- 
lieve  that  a  republic  could  hope   to  exist  at  the  present 


MITIGATIONS    OF    Tlir:    TYRANNY    OF    Till;   MA.IOIMTY.      3o3 

time,  if  the  iiifliionce  of  lawyers  in  j)iil)lic  l)usliies.s  did  not 
increase  in  ])r()])orti()n  to  tlie  power  of  tlie  j)LM)|)le. 

Tiiis  aristocratic  character,  whicli  1  liold  to  be  connnon 
to  the  legal  })rofession,  is  nuich  more  distinctly  mai'ked  in 
the  United  States  and  in  England  than  in  any  other  conn- 
try.  This  i)roceeds  not  only  from  the  legal  stndies  of  the 
English  and  American  lawyers,  but  from  the  nature  of  the 
law,  and  the  position  which  these  interpreters  of  it  occupy, 
in  the  two  countries.  The  Endish  and  the  Americans 
have  retained  the  law  of  precedents ;  that  is  to  say,  they 
continue  to  found  their  legal  oj>inions  and  the  decisions  of 
their  courts  upon  the  ojiinions  and  decisions  of  their  j)rede- 
cessors.  In  the  mind  of  an  Englisli  or  American  lawyi'r, 
a  taste  and  a  reverence  for  what  is  old  is  almost  always 
united  with  a  love  of  reiadar  and  lawi'ul  i)ro(ei'dinus. 

This  predisposition  has  another  effect  upon  the  character 
of  the  legal  ])rofession  and  u})on  the  general  course  of  soci- 
ety. The  Englisli  and  American  lawyers  investigate  what 
has  been  done ;  the  French  advocate  incpiires  what  should 
have  been  done :  the  former  j)roduce  precedents  ;  the  lat- 
ter, reasons.  A  French  observer  is  sur})rised  to  hear  how 
often  an  English  or  an  American  lawyer  quotes  the  opin- 
ions of  others,  and  how  little  he  alludes  to  his  own ;  whilst 
the  reverse  occurs  in  France.  There  the  most  triflinff  liti- 
gation  is  never  conducted  without  the  introduction  of  an 
entire  system  of  ideas  peculiar  to  the  counsel  emphwed ; 
and  the  fimdamental  princi})les  of  law  are  discussed  in 
order  to  obtain  a  perch  of  land  by  the  decision  of  the 
court.  This  abnegation  of  his  own  o[)inion,  and  this  im- 
plicit deference  to  the  opinion  of  his  forefathers,  which  are 
common  to  the  English  and  American  lawyer,  this  servi- 
tude of  thought  which  he  is  obliged  to  profess,  necessarily 
give  him  more  timid  habits  and  more  conservative  inclina- 
tions in  England  and  America  than  in  France. 

The  French  codes  are  often  difficult  of  comprehension, 

w 


■■  ( 


iii 
I' A 


■    i 


'\  '' 


354 


UI.MOCKACY    IN    AM1;KIlA. 


I:- 


'  1 


but  tlu'V  ciin  be  read  by  every  one;  notliiii^s  on  tlie  otlicr 
lianJ,  can  be  more  obscure  and  strange  to  tlie  uninitiated, 
than  a  li'gislation  f'()un<led  upon  jtrecedents.  The  absohite 
need  of  legal  aid  wliich  is  telt  in  England  and  the  United 
States,  and  the  high  o])ini()n  which  is  entertained  ot"  the 
ability  of  the  legal  profession,  tend  to  separate  it  nioiv 
and  more  From  the  people,  and  to  erect  it  into  a  distinct 
class.  The  French  lawyer  is  simi»ly  a  man  extt'iisivciy 
acfjuainted  with  the  statuttis  of  his  country  ;  but  the  Eng- 
lish or  American  lawyer  resembles  the  hieronhants  of 
Egypt,  for,  like  them,  he  is  the  sole  interpreter  of  an 
occult  science. 

The  position  which  lawyers  occu})y  in  England  and 
America  exercises  no  less  influence  upon  their  habits  and 
opinions.  The  English  aristocracy,  which  has  taken  care 
to  attract  to  its  sphere  whatever  is  at  all  analogous  to  itself, 
has  conferred  a  high  degree  of  importance  and  authority 
upon  the  members  of  the  legal  profession.  In  English 
society,  lawyers  d<j  not  occupy  the  first  rank,  but  they  are 
contented  with  the  station  assio;ncd  to  them  :  tliev  consti- 
tute,  as  it  were,  the  vouno;er  branch  of  the  Enolish  aris- 
tocracy ;  and  they  are  attached  to  their  elder  brothers, 
although  they  do  not  enjoy  all  their  privileges.  The  Eng- 
lish lawyers  consequently  mingle  the  aristocratic  tastes  and 
ideas  of  the  circles  in  which  they  move,  with  the  aristo- 
cratic interests  of  their  profession. 

And,  indeed,  the  lawyer-like  character  which  I  am  en- 
deavoring to  depict  is  most  distinctly  to  be  met  with  in 
England  :  there,  laws  are  esteemed  not  so  much  because 
they  are  good  as  because  they  are  old  ;  and  if  it  be  neces- 
sary to  modify  them  in  any  respect,  to  adapt  them  to  the 
changes  which  time  operates  in  society,  recourse  is  had  to 
the  most  inconceivable  subtUties  in  order  to  uphold  the 
traditionary  fabric,  and  to  maintain  that  nothing  has  been 
done  which  does  not  square  with  the  intentions,  and  com- 


MITIGATIONS   OF   TIIK   TYRANNY    OF   TIIK    MAIOIMTY. 


><M 


plc'te  tlie  labors,  of  former  <i;ont'r!itioiis.  'J'lu'  vimt  iiull- 
vicluuls  wlio  ('onduct  tlu'se  chaiiiics  disclaim  any  (K-sire  ot" 
imiovation,  and  had  ratiiur  resort  to  absurd  exjiedients  than 
j)lead  f^uilty  to  so  ^reat  a  crime.  This  spirit  apjii-rtains 
more  es])ecially  to  the  Eniilisii  lawyci's  ;  they  appear  indif- 
ferent to  the  real  meaning;  of  \\  hat  they  treat,  and  they 
direct  all  their  attention  to  the  letter,  —  sccmino;  inclined 
to  abandon  reason  and  humanity,  rather  than  to  swerve 
one  tittle  from  the  law.  Endish  lejj;islation  mav  bi'  com- 
pared  to  the  stock  of  an  old  tree,  u[)on  which  lawyers  have 
inirrafted  the  most  dissimilar  shoots,  in  the  hope  that, 
althoun;h  their  fruits  may  dilfer,  their  f()liaLje  at  least  will 
be  confounded  with  the  venerable  truidv  which  su])port.s 
them  all.* 

In  America,  there  are  no  nobles  or  literary  men,  and  the 
people  are  apt  to  mistrust  the  wealthy ;  lawyers  conse- 
quently form  the  highest  political  class,  and  the  most  cul- 
tivated portion  of  society.  They  have  therefore  uothing 
to  gain  by  innovation,  wliich  adds  a  conservative  interest 
to  their  natural  taste  for  public  order.  If  I  were  asked 
where  I  place  the  American  aristocracy,  I  should  rej)ly, 
without  hesitation,  that  it  is  not  among  the  rich,  who  are 
united  by  no  common  tie,  but  that  it  occupies  the  judicial 
bench  and  the  bar. 

The  more  we  reflect  upon  all  that  occurs  in  the  United 
States,  the  more  shall  we  be  persuaded  that  the  lawyers,  as 
a  body,  form  the  most  powerful,  if  not  the  only,  counter- 
poise to  the  democratic  element.  In  that  country,  we 
easily  perceive  how  the  legal  profession  is  qualified  by  its 
attributes,  and  even  by  its  faults,  to  neutralize  the  vices 

*  All  this  is  the  criticism  of  a  lively  and  intelligent  Frenchman,  unfa- 
miliar with  the  principles  and  modes  of  procedure  peculiar  to  the  English 
Common  Law,  and  exaggerating  these  very  peculiarities  of  it,  because  they 
are  so  unlike  the  legal  maxims  and  methods  in  which  he  has  himself  been 
nurtured  from  childhood.  —  Am.  Ed. 


N 


P 


If' 


!": 


•  m 


V 


II 


[I 


m 

%  A 


m 


ii  iij 


35(3 


DKMOCUACY    IN    AMKKICA. 


iiiliiTi'iit  in  |)()jtular  <4<)venmu'nt.  Wlion  tlie  AnK'i'icaii 
jK'oplu  are  intoxicated  l)y  passion,  or  carried  away  by  tlie 
inipetnosity  (»t"  their  ideas,  they  are  checked  and  sto|)|)ed 
hy  tile  almost  invisible  infhience  of  their  le<^al  counsellors. 
Tlu'se  secri'tly  opjxjse  their  aristocratic  pro})ensities  to  the 
nation's  denioi-ratie  instincts,  their  superstitious  attachment 
to  what  is  old  to  its  love  of  novelty,  their  narrow  views  to 
its  innnense  desiirns,  and  their  liabitual  procrastination  to 
its  ardent  impatience. 

The  courts  of  justice  are  the  visible  organs  by  which  the 
lejxal  i»rofession  is  enabled  to  control  the  democracy.  'J'he 
judiie  is  a  lawyer,  who,  independently  of  the  taste  for  re;>- 
ularity  and  order  which  he  has  contracted  in  the  study  of 
law,  derives  an  additional  love  of  stability  from  the  inalien- 
ability of  his  own  functions.  Ilis  lejral  attainnu'uts  have 
already  raised  him  to  a  distinguished  rank  amongst  his  fel- 
lows ;  his  political  power  completes  the  distinction  of  his 
station,  and  gives  him  the  instincts  of  the  privileged  classes. 

Armed  with  the  power  of  declaring  the  laws  to  be  un- 
constitutional,* the  American  magistrate  per})etually  inter- 
fere;-:  in  political  atlairs.  He  cannot  force  the  peoj)le  to 
make  laws,  but  at  least  ho  can  oblige  them  not  to  disobey 
their  own  enactments,  and  not  to  be  inconsistent  with 
themselves.  I  am  aware  that  a  secret  tendency  to  dimin- 
ish the  judicial  power  exists  in  the  United  States ;  and  by 
most  of  the  Constitutions  of  the  several  States,  the  gov- 
ernment can,  upon  the  demand  of  the  two  houses  of  the 
legislature,  remove  the  judges  from  their  station.  Some 
other  State  Constitutions  make  the  members  of  the  judi- 
ciary elective,  and  they  are  even  subjected  to  frequent 
re-elections.  I  venture  to  predict  that  these  innovations 
will  sooner  or  later  be  attended  with  fatal  consequences ; 
and  that  it  will  be  found  out  at  some  future  period,  that,  by 
thus  lessening  the  independence  of  the  judiciary,  they  have 

*  Ste  Chapter  VI.  p.  125,  ou  the  Judicial  Power  in  the  United  States. 


MITIGATIONS    OF    TIIK    TYI5.\XNV    0|"    TIIi:    MAIOIMTV.      .".)( 


)tates. 


attacked  not   onlv  tlic  judicial   power,  hut   tlie  dt'm()crati<' 
rej)ul>Iic   itself. 

Jt  must  not,  moreover,  be  supposed  that  tlie  le;^al  sj)irit 
is  confined,  in  the  United  States,  to  tlie  courts  of  justice  ; 
it  extends  flir  beyond  them.  As  the  lawyers  form  tlie  oidy 
enliiihtened  class  whom  the  people  do  not  mistiMist,  they 
are  naturally  called  upon  to  o'ccupy  most  of  the  puhlic 
stations.  They  fill  the  leo;islative  assemhiies.  and  are  at 
the  head  of  the  administration  ;  tliev  conseciuentlv  exercise 
a  poweiful  influence  upon  the  formation  of  the  law,  and 
njxm  its  execution.  The  lawyers  are,  however,  ohiin-eil  to 
yield  fo  the  current  of  puhlic  opinion,  which  is  too  sti-cii*^ 
for  them  to  resist ;  but  it  is  easy  to  find  indications  of  what 
thev  would  do,  if  they  were  free  to  act.  The  Americans. 
Avho  have  made  so  many  innovations  in  their  political  laws, 
have  introduced  verv  sparinui:  alterations  in  their  ci\il  laws. 
and  that  with  ijreat  difficult v,  althoush  niauv  of  these  laws 
are  repugnant  to  their  social  condition.  The  reason  of  this 
is,  that,  in  matters  of  civil  law,  the  majority  are  oblin;cd  to 
defer  to  the  authority  of  the  leo;al  profession,  and  the 
American  lawyers  are  disinclined  to  innovate  when  thev 
are   left  to  their  own  choice. 

It  is  curious  for  a  Frenchman  to  hear  the  comj)laints 
which  are  made  in  the  United  States,  aujainst  the  stM'.onary 
spirit  of  legal  men,  and  their  prejudices  in  favor  of  ex  stinj; 
institutions. 

The  influence  of  leixal  habits  extends  beyond  the  ])recisp 
limits  I  have  pointed  out.  Scarcely  any  j)olitical  question 
arises  in  the  United  States  wdiich  is  not  resolved,  sooner 
or  later,  into  a  judicial  question.  Hence  all  parties  arc 
oblicred  to  borrow,  in  their  daily  controversies,  the  ideas, 
and  even  the  lano;uao;e,  peculiar  to  judicial  proceediutis.  As 
most  public  men  are,  or  have  been,  leo;al  j^ractitioners,  they 
introduce  the  customs  and  technicalities  of  their  profession 
into  the  maiiaoement  of  public  affairs.     The  jury  extends 


^T:   ;:! 


i 


J{;3H 


DllMOCUACY    IN    AMKIJICA. 


this  liahitudc  to  all  classes.  Tiu-  lanixiiaijic  of  tlio  law  thus 
ht'comcs,  ill  some  mcasuri',  a  vulnai-  toiiniic  ;  tlio  sj>int  of 
tilt'  law,  which  is  jjroduccd  in  the  sciiools  ami  court,s  of 
justice,  o^i-adiiaily  penetrates  l)ey<»nd  tlicii"  walls  into  the 
hosoni  of  society,  where  it  descends  to  the  lowest  classes, 
so  that  at  last  the  whole  people  ctjiitract  the  habits  and 
the  tastes  of  the  Judicial  nia<xistrate.  The  lawyers  of  the 
United  States  form  a  l)arty  which  is  but  little  feared  and 
scarcely  jierceived,  which  has  no  bad<i;e  peculiar  to  itself, 
which  adajits  itself  with  ^reat  Hexibility  to  tlie  exifjeucies 
of  the  time,  and  acconnnodates  itself  without  resistance  to 
all  the  movements  of  the  social  body.  I>ut  this  J)arty 
extends  over  the  whole  community,  and  penetrates  into 
all  the  classes  which  compose  it ;  it  acts  upon  the  coun- 
try imperceptibly,  but  finally  fashions  it  to  suit  its  own 
purposes. 


TRIAL   1$Y   JURY    IN   THE    UNITED    STATES    CONSIDERED    AS   A 
POLITICAL    INSTITUTION. 

Trial  l)y  Jury,  which  is  one  of  the  Forms  of  tlie  Sovereignty  of  the  People, 
OH;:^l,t  to  I)C  compared  with  tlie  other  Laws  which  estal)lish  that  Sov- 
crcif^nty.  —  Composition  of  the  Jury  in  the  United  States.  —  Effect  of 
Trial  hy  Jury  upon  the  National  Character.  —  It  educates  the  People. 
—  How  it  tends  to  estal)lish  the  Influence  of  the  Magistrates,  and  to 
extend  the  Le^jal  Sjjirit  amoii<;  the  People. 

Since  my  subject  has  led  me  to  speak  of  the  administra- 
tion of  justice  in  the  United  States,  I  will  not  pass  over  it 
without  adverting  to  the  institution  of  the  jury.  Trial  by 
jury  may  be  considered  in  two  separate  points  of  view  ;  as 
a  judicial,  and  as  a  political  institution.  If  it  was  my  pur- 
pose to  inquire  how  far  trial  by  jury,  especially  in  civil 
cases,  insures  a  good  administration  of  justice,  I  admit  that 
its  utility  might  be  contested.  As  the  jury  was  first  estal)- 
lished  when  society  was  in  its  infancy,  and  when  courts  of 


MITICIATIONS   OF   TIIK   TVKANNV     W   TIIK    MAIOKHV.     o'jO 

justice  merely  decided  simple  (juestioiis  of  Hut,  it  is  not  :in 
ea>y  ta>k  to  iidapt  it  to  tlie  wants  of  a  liiifidy  civili/ed  cou)- 
munity,  when  the  mutual  relations  (»t'  im-n  an-  nudtiplietl 
to  a  surprising;  extent,  and  have  assumed  an  enli<^iiti'ned 
and  intellectual  character.* 

My  present  purj)ose  is  to  cojisider  the  jury  as  a  political 
institution  ;  any  other  course  would  divert  me  t'r(»m  mv 
suhject.  ( )f'  trial  by  jury,  considered  as  a  judicial  insti- 
tution, I  shall  here  sav  but  little.  When  tiie  Ijinlish 
adopted  trial  by  jury,  they  were  a  semi-barbai'ous  peoj)le  ; 
thev  have  since  become  one  of  the  most  enli'diti'iied  na- 
tions  of  the  earth  ;  and  their  attachmt'iit  to  this  institution 
seems  to  have  increased  with  their  increasiuL:;  cultivation. 
They  have  emigrated  and  coloni/ed  every  part  of  the 
habitable  globe  ;  some  have  formed  colonies,  others  inde- 
jH'iident  states ;  the  mother  country  has  msuntained  its 
monarchical  constitution  ;  many  of  its  offspring  have 
founded  powerful  republics ;  but  everywhere  they  have 
boasted  of  the  privilege  of  trial  by  jury.f  They  have 
established  it,  or  hastened  to  re-establish  it,  in  all  their 
settlements.     A  judicial  institution  whicli  thus  obtains  the 

*  Tlie  consideration  of  trial  by  jury  as  a  Judicial  institution,  and  tho 
appreciation  of  its  etfects  in  the  United  States,  tof^etlier  with  an  inquiry 
into  the  manner  in  which  the  Americans  have  used  it,  would  suflice  to  form 
a  hook,  and  a  hook  upon  a  very  useful  and  curious  suliject.  The  State  of 
Louisiana  would  throw  the  most  li^^ht  upon  the  suhject,  as  it  has  a  minirled 
population  of  French  and  Enfrlish.  The  two  systems  of  law,  as  well  as 
the  two  nations,  are  there  found  side  hy  side,  and  are  gradually  coml)ininff 
with  each  other.  The  most  useful  hooks  to  consult  would  he  the  Ditjixle 
din  Loi'i  de  In  Louisiana ;  and  the  Traite  sitr  les  Rhjh-.s  dis  Actions  civilts, 
jjriiited  in  French  and  Enjrlish  at  New  Orleans,  in  18.'U). 

t  All  the  Enfrlish  and  American  jtu-ists  arc  unanimous  upon  this  head. 
Mr.  Story,  Judge  of  the  Supreme  Court  of  the  United  States,  speaks,  in 
his  Commentaries  on  the  Constitution,  of  the  advantages  of  trial  hy  jury 
in  civil  cases  :  "  The  inestimahlc  privilege  of  a  trial  by  jury  in  civil  cases," 
says  he,  "  a  privilege  scarcely  inferior  to  that  in  criminal  cases,  which  is 
counted  by  all  persons  to  be  essential  to  political  and  civil  liberty." 


>  i' 


m 

'4 


ijr 


mi\ 


■it 


Hi 


^i: 


1 


1 


I 
:m  h ! 

Mi".  I    Vf 

Is 


3(10 


lU'.MOCRACY   IN    AMKRICA. 


Rufrnj;^('S  of  a  «^r('at  people  for  so  loiirr  a  sories  of  n^^cs,  wlilclj 
is  /caloiislv  r('|»r(t(lu('«'(l  at  t'\t'rv  staixo  of  civili/ation,  in  all 
the  cliinalc"*  ol'  tlic  earth,  and  under  ov«'rv  form  of  Imnian 
government,  cannot  lie  contrary  to  tlie  spli'it  of  justice.* 

liut  to  leave  tliis  part  of  the  suljject.  Tt  would  l)e  a 
very  narrow  view  to  look  upon  the  jury  as  ji  iniMV  Judicial 
institutioti  ;  for,  however  jjreat  its  infliuMice  may  he  ujton 
the  decisions  of  the  courts,  it  is  still   n;reater  on  the  desti- 

*  If  it  were  our  province  to  point  out  the  utility  of  tlic  jury  ns  a  Judicial 
institution,  mnny  nr{.Mimonts  nii<;ht  l>e  hroujjht  fonvanl,  and  ninon},'St  others 
the  followinfr :  — 

In  j)rop()rti()n  us  you  introduce  the  jury  into  the  business  of  the  courts, 
you  arc  eutiMcd  to  diniiuisli  the  nunilicr  of  judj,a's  ,  which  is  a  peat  advau- 
taf^e.  When  ju(l;;cs  are  very  numerous,  tleath  is  perpetually  thinning  the 
ranks  of  the  judicial  functionaries,  and  leaviiij;  places  vacant  for  new-comers. 
The  amtiifion  of  the  ma^^istrates  is  therefore  continually  excited,  and  they 
are  naturally  made  dependent  upon  the  majority,  or  the  person  who  fills  up 
the  vacant  appointments  :  the  ollicers  of  the  courts  then  rise  like  the  officers 
of  an  army.  This  state  of  tliin);s  is  entirely  contrary  to  the  sound  admin- 
istration of  justice,  and  to  the  intenticuis  of  the  lcj;islator.  The  office  of 
a  judfre  is  made  inalienable  in  order  that  lie  may  Remain  independent;  but 
of  what  advantafro  is  it  that  his  independence  should  l)c  protected,  if  he  be 
tempted  to  sacrifice  it  of  his  own  accord  ?  When  jud{.'es  are  very  numer- 
ous, many  of  them  must  necessarily  be  incapable ;  for  a  jireat  ma^ristratc 
is  a  man  of  no  common  jiowers  :  I  know  not  if  a  half-enlit:htened  tril>unal 
is  not  the  worst  of  all  combinations  for  attaining  those  objeits  which  it  is 
the  purpose  of  courts  of  justice  to  accomplish.  For  my  own  jiart,  I  had 
rather  submit  the  decision  of  a  ca.sc  to  ignorant  jurors  directed  by  a  skilful 
judge,  than  to  judges  a  majority  of  whom  are  imperfectly  acquainted  with 
jurisprudence  and  with  the  laws. 

[I  venture  to  remind  the  reader,  lest  tliis  note  should  appear  somewhat 
redundant  to  an  English  eye,  that  the  jury  is  an  institution  which  has  only 
been  naturalized  in  France  within  the  present  century ;  that  it  is  even  now 
exclusively  applied  to  those  criminal  causes  which  come  before  the  Courts 
of  Assize,  or  to  the  prosecutions  of  the  public  press  ;  and  that  the  judges 
and  counsellors  of  the  numerous  local  tribunals  of  France  —  forming  a 
body  of  many  thousand  judicial  functionaries  —  try  all  civil  causes,  appeals 
from  criminal  causes,  and  minor  offences,  without  the  jury.  —  English 
Translator's  Note] 


MIIICATKtNS    OK    TIIK    TVKANNY    (H*    Till:    MAForMTV.     3»ll 

nil's  of  society  at  lar^o.  Tin*  jury  is,  al)ovi'  mII,  a  politicjil 
institiitiofi,  and  it  must  be  iv<far(K'(l  in  tliis  lin-lit  in  order  to 
})(•  duly  a|i|ii'e«'iated. 

liv  the  jury,  I  mean  n  certain  numluT  of  citizens  cliosen 
])V  lot,  and  invested  witli  a  ti'mpovarv  riirlit  of  Indiriin'. 
'I'rial  l>y  jury,  as  aj)|»lied  to  the  repression  of  crime,  appears 
to  me  an  eminently  repul)lican  element  in  the  <joverinnetit, 
for  the  tolI()\vin(r  reasons. 

The  institution  of  the  jury  may  he  aristocratic  or  (K-mo- 
ei'atie,  accordiuif  to  the  class  from  which  the  jurors  are 
taken  ;  but  it  always  preserves  its  repJiblican  character,  in 
that  it  places  the  real  direction  of  society  in  the  hands  (»f 
the  ^ovei'iH'd,  (»r  of  a  jiortion  of  the  <2;overned,  and  not  in 
that  of  the  o;overnment.  Force  is  never  more  than  a  tran- 
sient element  of  success,  and  after  force,  comes  the  notion 
(»f  riiiht.  A  iiovcrmnent  which  should  be  able  to  reach 
its  enemies  only  upon  a  field  of  battle  would  soon  bo  de- 
stroyed. The  true  sanction  of  political  laws  is  to  be  found 
in  penal  legislation  ;  and  if  that  sanction  be  wantini;,  the 
law  will  sooner  or  later  lose  its  corjoncy,  ?Ie  who  pun- 
ishes the  criminal  is  therefore  the  real  master  of  society. 
Now,  the  institution  of  the  jury  raises  the  people  itself,  or 
at  least  a  class  of  citizens,  to  the  bench  of  judixes.  The 
institution  of  the  jury  conse([uently  invests  the  ])eople,  or 
that  class  of  citizens,  witli  tlie  direction  of  society.* 

In  Enjrland,  the  jury  is  returned  from  the  aristocratic 
portion  of  the  nation  ;  f   the  aristocracy  makes  the  laws, 

♦  An  important  remark  must,  however,  1)C  made.  Trial  by  jury  does 
uiiquo!stional)ly  invest  the  people  with  a  general  control  over  the  actions  of 
tlie  citizens,  hut  it  docs  not  furnish  means  of  exercising  this  control  in  all 
cases,  or  with  an  absolute  authority.  When  an  absolute  monarch  has  the 
right  of  trying  offences  by  his  representatives,  the  fate  of  the  prisoner  is, 
as  it  were,  decided  beforehand.  But  even  if  the  peojde  were  jjredisposed 
to  convict,  the  composition  and  the  non-responsibility  of  the  jury  would 
siiil  afford  some  chances  favorable  to  the  protection  of  innocence. 

t  In  France,  the  qualification  of  the  jurors  is  the  same  as  the  electoral 
16 


w\ 


i!t; 


11 


)  r 


■m 


DKMOCRACY   IN   AMERICA. 


t   , 


! 


ap[)li('s  tlie  laws,  and  puiiislics  infriK'tions  of  the  laws 
evorvtliin<^  is  established  upon  a  consistent  footing,  and 
I'^ndiind  may  with  truth  be  said  to  constitute  an  aristo- 
c'i'atic  republic.  In  the  United  States,  the  same  system  is 
aj)j)lied  to  the  whole  })eoi)le.  Every  American  citizen  is 
(pialified  to  be  an  elector,  a  juror,  and  is  eligible  to  office.* 
The  system  of  the  jury,  as  it  is  understood  in  America, 
ai)i)ears  to  me  to  be  as  direct  and  as  extreme  a  consequence 
of  the  sovereignty  of  the  people  as  universal  suffrage. 
They  are  two  instruments  of  equal  power,  which  contrib- 
ute to  the  supremacy  of  the  majority.  All  the  sovereigns 
who  have  chosen  to  govern  by  their  ow^n  authority,  and  to 
direct  society  instead  of  obeying  its  directions,  have  de- 
stroyed or  enfeebled  the  institution  of  the  jury.  The 
Tudor  monarchs  sent  to  prison  jurors  who  refused  to 
convict,  and  Napoleon  caused  them  to  be  selected  by  his 
awnts. 

However  clear  most  of  these  truths  may  seem  to  be, 
they  do  not  command  universal  assent ;  and,  in  France  at 
least,  the  trial  by  jury  is  still  but  imperfectly  understood. 
If  the  question  arises  as  to  the  proper  qualification  of  jurors, 
it  is  confined  to  a  discussion  of  the  intelligence  and  knowl- 
edge of  the  citizens  who  may  be  returned,  as  if  the  jury 
was  merely  a  judicial  institution.     This  appears  to  me  the 

qualification,  namely,  the  payment  of  200  francs  per  annum  in  direct  taxes : 
they  are  chosen  by  lot.  In  Enjjland,  they  are  returned  by  the  sherifl^";  the 
qualifications  of  jurors  were  raised  to  £10  per  annum  in  England,  and  j£6 
iu  Wales,  of  freehold  lands  or  copyhold,  by  the  statute  W.  and  M.,  c.  24 ; 
leaseholders  for  a  time  determinable  upon  life  or  lives,  of  the  clear  yearly 
value  of  £20  per  annum  over  and  at)Ove  the  rent  reserved,  are  qualified  to 
serve  on  juries  ;  and  jurors  in  the  courts  of  Westminster  and  City  of  London 
must  be  householders,  and  possessed  of  real  and  personal  estate  of  the  value 
of  £100.  The  qualihcations,  however,  prescribed  in  different  statutes  vary 
accordinf^  to  the  object  for  which  the  jury  is  impanelled.  See  Blackstone's 
Commentaries,  Book  III.  c,  23.  —  English  Translator's  Note. 
*  See  Appendix  Q. 


MITIGATIONS    OF   THE    TYRANNY    OF    THK    MAJORITY.      868 


k'ast  important  part  of  the  subject.  The  jury  is  pre-emi- 
nently a  nohtieal  institution  ;  it  sliould  be  rejiarded  as  one 
form  of  the  sovereignty  of  tlie  people :  wlien  that  sover- 
eignty is  repudiated,  it  must  be  rejected,  or  it  must  be 
adapted  to  the  laws  by  -svhich  that  sovereignty  is  estab- 
lished. The  jury  is  that  portion  of  the  nation  to  wliieh 
the  execution  of  the  laws  is  intrusted,  as  the  legislature  is 
that  part  of  the  nation  which  makes  the  laws  ;  and  in  or- 
der that  society  may  be  governed  in  a  fixed  and  uniform 
manner,  the  list  of  citizens  qualified  to  serve  on  juries  nnist 
increase  and  diminish  with  the  list  of  electors.  This  I  hold 
to  be  the  point  of  viev^  most  worthy  of  the  attention  of  the 
legislator ;  all  that  remains  is  merely  accessory. 

I  am  so  entirely  convinced  that  the  jury  is  pre-eminently 
a  political  institution,  that  I  still  consider  it  in  this  light 
when  it  is  applied  in  civil  causes.  Laws  are  always  unsta- 
ble unless  they  are  founded  upon  the  manners  of  a  nation  : 
manners  are  the  only  durable  and  resisting  ])Ower  in  a  peo- 
ple. When  the  jury  is  reserved  for  criminal  offences,  the 
people  only  witness  its  occasional  action  in  particular  cases : 
they  become  accustomed  to  do  without  it  in  the  ordinary 
course  of  life ;  and  it  is  considered  as  an  instrument,  but 
not  as  the  only  instrument,  of  obtaining  justice.  This  is 
true  a  fortion^  when  the  jury  is  applied  oidy  to  certain 
criminal  causes. 

When,  on  the  contrary,  the  jury  acts  also  on  civil  causes, 
its  application  is  constantly  visible  ;  it  affects  all  the  inter- 
ests of  the  community  ;  every  one  co-operates  in  its  work : 
it  thus  penetrates  into  all  the  usages  of  life,  it  fashions  the 
human  mind  to  its  peculiar  fonns,  and  is  gradually  associ- 
ated with  the  idea  of  justice  itself. 

The  institution  of  the  jury,  if  confined  to  criminal 
causes,  is  always  in  danwr  :  but  when  once  it  is  intro- 
duced  into  civil  proceedings,  it  defies  the  aggressions  of 
time  and  man.     If  it  had  been  as  easy  to  remove  the  jury 


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DEMOCRACY  IN   AMERICA. 


from  the  manners  as  from  the  laws  of  England,  It  would 
have  perished  under  the  Tudors  ;  and  the  civil  jury  did  in 
reality,  at  that  period,  save  the  liberties  of  England.  In 
whatever  manner  the  jury  be  applied,  it  cannot  fail  to  exer- 
cise a  j^owerful  influence  upon  the  national  character  ;  but 
this  influence  is  prodigiously  increased  when  it  is  intro- 
duced into  civil  causes.  The  jury,  and  more  especially  the 
civil  jury,  serves  to  communicate  the  spirit  of  the  judges  to 
the  minds  of  all  the  citizens ;  and  this  spirit,  Avith  the  halv 
its  which  attend  it,  is  the  soundest  preparation  for  free 
institutions.  It  imbues  all  classes  with  a  respect  for  the 
thing  judged,  and  with  the  notion  of  right.  If  these  two 
elements  be  removed,  the  love  of  independence  becomes 
a  mere  destructive  passion.  It  teaches  men  to  practise 
equity  ;  every  man  learns  to  judge  his  neighbor  as  he 
would  himself  be  judged.  And  this  is  especially  true  of 
the  jury  in  civil  causes  ;  for,  whilst  the  number  of  persons 
who  have  reason  to  apprehend  a  criminal  prosecution  is 
small,  every  one  is  liable  to  have  a  lawsuit.  The  jury 
teaches  every  man  not  to  recoil  before  the  responsibility 
of  his  own  actions,  and  impresses  him  with  that  manly 
confidence  without  which  no  political  virtue  can  exist.  It 
invests  each  citizen  with  a  kind  of  magistracy ;  it  makes 
them  all  feel  the  duties  which  they  are  bound  to  discharge 
towards  society,  and  the  part  which  they  take  in  its  gov- 
ernment. Bv  oblio-ing  men  to  turn  their  attention  to  other 
affairs  than  their  own,  it  rubs  off  that  private  selfishness 
which  is  the  rust  of  society. 

The  jury  contributes  powerfully  to  form  the  judgment 
and  to  increase  the  natural  intelligence  of  a  people ;  and 
this,  in  my  opinion,  is  its  greatest  advantage.  It  may  be 
regarded  as  a  gratuitous  public  school,  ever  open,  in  which 
every  juror  learns  his  rights,  enters  into  daily  communica- 
tion with  the  most  learned  and  enliffhtened  members  of  the 
upper  classes,  and  becomes  practically  acquainted  with  the 


MITIGATIONS   OF    THE   TYRANNY    OF   TUK   MAJUKITY.     oho 


laws,  wliicli  are  brought  within  the  reach  of  his  cajjacity 
Ly  the  efforts  of  the  bar,  tlie  advice  of  the  judge,  and  even 
by  the  passions  of  the  parties.  I  think  that  the  practical 
intelligence  and  political  good  sense  of  the  Americans  are 
mainly  attributable  to  the  long  use  which  they  have  made 
of  the  jury  in  civil  causes. 

I  do  not  know  whether  the  jury  is  useful  to  those  who 
have  lawsuits ;  but  I  am  certain  it  is  highly  beneficial  to 
those  who  judge  them ;  and  I  look  upon  it  as  one  of  the 
most  efficacious  means  for  the  education  of  the  people 
which   society  can  onij^loy. 

What  I  have  said  applies  to  all  nations  ;  but  the  remark 
I  am  about  to  make  is  peculiar  to  the  Americans  and  to 
democratic  communities.  I  have  already  observed  that,  in 
democracies,  the  members  of  the  legal  profession,  and  the 
judicial  magistrates,  constitute  the  only  aristocratic  body 
which  can  moderate  the  movements  of  the  people.  This 
aristocracy  is  invested  with  no  physical  power ;  it  exercises 
its  conservative  influence  upon  the  minds  of  men :  and  the 
most  abundant  source  of  its  authority  is  the  institution 
of  the  civil  jury.  In  criminal  causes,  when  society  is  con- 
tending against  a  single  man,  the  jury  is  apt  to  look  upon 
the  judge  as  the  passive  instrument  of  social  power,  and 
to  mistrast  his  advice.  Moreover,  criminal  causes  turn  en- 
tirely upon  simple  facts,  which  common  sense  can  readily 
appreciate :  upon  this  ground,  the  judge  and  the  jury  are 
equal.  Such,  however,  is  not  the  case  in  civil  causes ; 
then  the  judge  appears  as  a  disinterested  arbiter  between 
the  conflicting  passions  of  the  parties.  The  jurors  look  up 
to  him  with  confidence,  and  listen  to  him  with  respect,  for 
in  this  instance,  his  intellect  entirely  governs  theirs.  It  is 
the  judge  who  sums  up  the  various  arguments  which  have 
wearied  their  memory,  and  who  guides  them  through  the 
devious  course  of  the  proceedings ;  he  points  their  atten- 
tion to  the  exact  question  of  fact,  which  they  are  called 


366 


DEMOCRACY  IN  AMERICA. 


I^i.: 


■  ■  .' 


upon  to  decide,  and  tells  them  how  to  answer  the  question 
of  law.     His  influence  over  them  is  almost  unlimited. 

If  I  am  called  upon  to  explain  why  I  am  but  little 
moved  by  tho  arguments  derived  from  the  ignorance  of 
jurors  in  civil  causes,  I  reply,  that  in  these  proceedings, 
whenever  the  question  to  be  solved  is  not  a  mere  ques- 
tion of  fact,  the  jury  has  only  the  semblance  of  a  judi- 
cial body.  The  jury  only  sanctions  the  decision  of  the 
judge  ;  they  sanction  this  decision  by  the  authority  of 
society  which  they  represent,  and  he,  by  that  of  reason 
and  of  law.* 

In  England  and  in  America,  the  judges  exercise  an  in- 
fluence upon  criminal  trials  which  the  French  judges  have 
never  possessed.  The  reason  of  this  difference  may  easily 
be  discovered  ;  the  English  and  American  magistrates  have 
established  their  authority  in  civil  causes,  and  only  transfer 
it  afterwards  to  tribunals  of  another  kind,  where  it  was  not 
first  acquired.  In  some  cases,  and  they  are  frequently  the 
most  important  ones,  the  American  judges  have  the  right 
of  deciding  causes  alone.t  Upon  these  occasions,  they  are 
accidentally  placed  in  the  position  which  the  French 
judges  habitually  occupy :  but  their  moral  power  is  much 
greater;  they  are  still  surrounded  by  the  recollection  of 
the  jury,  and  their  judgment  has  almost  as  much  authority 
as  the  voice  of  the  community  represented  by  that  institu- 
tion. Their  influence  extends  far  beyond  the  limits  of  the 
courts ;  in  the  recreations  of  private  life,  as  well  as  in  the 
turmoil  of  public  business,  in  public  and  in  the  legislative 
assemblies,  the  American  judge  is  constantly  surrounded 
by  men  who  are  accustomed  to  regard  his  intelligence  as 
superior  to  their  own ;  and  after  having  exercised  his 
power  in  the  decision  of  causes,  he  continues  to  influence 

*  See  Appendix  K. 

t  The  Federal  judges  act  alone  upon  almost  all  the  questions  most  impor- 
tant to  the  government  of  the  country. 


km- 


JHTIGATIONS   OF   THE   TYRANNY   OF   THE   MAJORITY'.     367 

tlio  liabits   of  tlioiiirht,  and   even   the     liaracters,  of  those 
wlio  acted  witli  liini  in  his  official  capacity. 

The  jury,  then,  which  seems  to  restrict  the  rights  of  the 
judiciary,  does  in  reality  consolidate  its  power ;  and  in  no 
country  are  the  judges  so  powerful  as  where  the  jjcople 
share  their  i)rivileges.  It  is  especially  by  means  of  the 
jury  in  civil  causes,  that  the  American  magistrates  imbue 
even  the  lower  classes  of  society  with  the  spirit  of  their 
profession.  Thus  the  jury,  which  is  the  most  energetic 
meaps  of  making  the  people  rule,  is  also  the  most  effica- 
cious means  of  teachinjx  it  how  to  rule  well. 


■i 


Ml 


in 


most  impor- 


3G8 


UKMOCHACY    IX   AMERICA. 


CHAPTER    XVII. 


PRINCIPAL    CAUSES    WHICH    TEND    TO    MAINTAIN    THE    DEMO- 
CRATIC  REPUBLIC   IN   THE   UNITED   STATES. 


J  Ji..,, 


1     ^ 


m 


f  •fi 


A  DEMOCRATIC  republic  exists  in  the  United 
States ;  and  the  principal  object  of  this  book  has 
been  to  explain  the  causes  of  its  existence.  Several  of 
these  causes  have  been  involuntarily  passed  by,  or  only 
hinted  at,  as  I  was  borne  along  by  my  subject.  Others  I 
have  been  unable  to  discuss  at  all ;  and  those  on  which  I 
have  dwelt  most  are,  as  it  were,  buried  in  the  details  of 
this  work. 

I  think,  therefore,  that,  before  I  proceed  to  speak  of 
the  future,  I  ought  to  collect  within  a  small  compass  the 
reasons  which  explain  the  present.  In  this  retrospective 
chapter  I  shall  be  brief;  for  I  shall  take  care  to  remind  the 
reader  only  very  summarily  of  what  he  already  knows, 
and  shall  select  only  the  most  prominent  of  those  facts 
which  I  have  not  yet  pointed  out. 

All  the  causes  which  contribute  to  the  maintenance  of 
the  democratic  republic  in  the  United  States  are  reducible 
to  three  heads : — 

I.  The  peculiar  and  accidental  situation  in  which  Prov- 
idence has  placed  the  Americans. 

II.  The  laws. 

III.  The  manners  and  customs  of  the  people. 


CAUSES   WHICH   TEND   TO   MAINTAIN   DEMOCRACY. 


3GD 


'<    X 


'HE    DEMO- 


\rrTT)KNTAL  OR  PROXqDENTIAL  CAUSES  WTlirH  CONTRTBUTE 
TO  MAINTAIN  THE  DEMOCRATIC  REPUBLIC  IN  THE  UNITED 
STATES. 

Tlie  Union  has  no  Ncighl)ors.  —  No  Metropolis.  —  The  Americans  have  liad 
tiie  Chance  of  Birth  in  their  Favor.  —  America  an  empty  C(>untry.  — 
How  this  Circumstance  contril)Utes  powerfully  to  iiuiintain  the  Demo- 
cratic Repuhlic  in  America.  —  How  the  American  Wilds  are  peo|)le(l.  — 
Avidity  of  the  Anglo-Americans  in  takinj^  I'ossession  of  the  Solitudes 
of  the  New  World.  —  Influence  of  Physical  Prosperity  upon  the  Politi- 
cal Opinions  of  the  Americans. 

A  THOUSAND  circumstances,  independent  of  the  will  of 
man,  facilitate  the  maintenance  of  a  democratic-  republic  in 
the  United  States.  Some  of  these  are  known,  the  others 
may  easily  be  pointed  out ;  but  I  shall  confine  myself  to 
the  principal  ones. 

The  Americans  have  no  neighbors,  and  consequently  they 
have  no  great  wars,  or  financial  crises,  or  inroads,  or  con- 
quest, to  dread ;  they  require  neither  great  taxes,  nor  large 
armies,  nor  great  generals ;  and  they  have  nothing  to  fear 
from  a  scourge  which  is  more  formidable  to  republics  than 
all  these  evils  combined,  namely,  military  glory.  It  is  im- 
possible to  deny  the  inconceivable  influence  Avhich  military 
glory  exercises  upon  the  spirit  of  a  nation.  General  Jack- 
son, whom  the  Americans  have  twice  elected  to  be  the 
liead  of  their  government,  is  a  man  of  violent  tcm})er  and 
very  moderate  talents  ;  nothino;  in  his  whole  career  ever 
})roved  him  qualified  to  govern  a  free  people  ;  and  in- 
deed, the  majority  of  the  enlightened  classes  of  the  Union 
has  always  opposed  him.  But  he  was  raised  to  the  Pres- 
idency, and  has  been  maintained  there,  solely  by  the  recol- 
lection of  a  victory  which  he  gained,  twenty  years  ago, 
under  the  walls  of  New  Orleans  ;  a  victory  which  was, 
lujuever,  a  very  ordinary  achievement,  and  which  could 
only  be  remembered  in  a  country  where  battles  are  rare. 
16*  X 


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til 


370 


DKMOrRACY    IN    AMKRK'A. 


v\    ": 


Now  tlic  |)(M>|)1(>  wlu)  arc  tlnis  carrlcci  away  by  tlic  illusioTis 
of  j^lory  arc  iiiKiucstionaUly  the  most  cold  and  calculatin*;, 
tlu'  most  mimilitary,  if  I  may  so  speak,  and  tlic  most  pro- 
saic, of  all  the  nations  of  the  earth. 

America  has  no  <ireat  capital  *  city,  whose  direct  or 
indirect  inHncnce  is  felt  over  the  wliole  extent  of  the  conn 
try  ;  this  I  held  to  be  one  of  the  first  canses  of  the  main 
tcnance  of  re])nhlican  institntions  in  the  United  States, 
In  cities,  men  cannot  he  prevented  from  concerting  to- 
gether, and  awakening  a  mntnal  excitement  which  prompts 
sndden  and  passionate  resolntions.  Cities  may  he  looked 
upon  as  large  assemblies,  of  which  all  the  inhabitants  are 
members ;  their  populace  exercise  a  prodigious  influence 
upon  the  magistrates,  and  frequently  execute  their  own 
wishes  without  the  intervention  of  public  officers. 

*  The  United  States  liave  no  metropolis ;  but  they  nlrcndy  contain  sev- 
eral very  lar^re  cities.  Philadelphia  reckoned  161,000  inhal)itants,  and  New 
York  202,000,  in  the  year  1830.  The  lower  orders  which  inhabit  these 
cities  constitute  a  ral)l)lc  even  more  formidable  than  tiie  populace  of  Euro- 
pean towns.  They  consist  of  freed  blacks,  in  the  first  place,  who  are  con- 
demned by  the  laws  and  by  pul)lic  opinion  to  an  hereditary  state  of  misery 
and  de<rradation.  They  also  contain  a  multitude  of  Europeans,  wlio  have 
been  driven  to  the  shores  of  the  New  World  by  their  misfortunes  or  their 
misconduct ;  and  these  men  inoculate  the  United  States  with  all  our  vices, 
without  bringin<5  with  them  any  of  those  interests  which  counteract  their 
baneful  influence.  As  inhabitants  of  a  country  where  they  Iiave  no  civil 
ri<;^hts,  they  arc  ready  to  turn  all  the  passions  which  ajxitate  the  community 
to  their  own  advantage ;  thus,  within  the  last  few  months,  serious  riots  have 
broken  out  in  Philadelphia  and  in  New  York.  Disturbances  of  this  kind 
are  unknown  in  the  rest  of  the  country,  which  is  nowise  alarmed  by  them, 
because  the  population  of  the  cities  has  hitherto  exercised  neither  power  nor 
influence  over  the  rural  districts. 

Nevertheless,  I  look  upon  the  size  of  certain  American  cities,  and  especially 
on  the  nature  of  their  population,  as  a  real  danger  which  threatens  the  future 
security  of  the  democratic  republics  of  the  New  World  ;  and  I  venture  to 
predict  that  they  will  perish  from  this  circumstance,  unless  the  government 
succeeds  in  creating  an  armed  force,  which,  while  it  remains  under  the  con- 
trol of  the  majority  of  the  nation,  will  be  independent  of  the  town-popula- 
tion, and  able  to  repress  its  excesses. 


CAUSES   WHICH    TKNl)   TO   MAINTAIN   DKMuCKACY.       ol\ 


To  siil)jc('t  tlie  })r()viiu't'S  to  tlio  in('tro|H»Iis  is,  tlici-crorc, 
to  place  tlie  destiny  of  tlie  eini)iiv  in  tlic  liaiuls,  imt  only 
of  a  portion  of  tlie  connnunity,  which  is  unjust,  hut  in  the 
luuuls  of  a  populace  carrying;  out  its  own  impulses,  whicli 
is  very  dan<ferous.  The  preponderance  of  ca|)ital  cities  is 
therefore  a  serious  injury  to  the  repri'sentatixe  system ; 
and  it  exjuises  modern  ri'j)ul)lics  to  the  same  defect  as  tin* 
re]»ul>Iics  of  antitpiity,  whch  all  perished  from  not  having 
known   this  system. 

It  would  he  easy  tor  mc  to  enumerate  many  secondary 
causes  which  have  contributed  to  establish,  and  now  con- 
cur to  maintain,  the  democratic  republic  of  the  United 
States.  But  amon<f  these  favorable  circum.>*tances  I  dis- 
cern two  principal  ones,  which  I  hasten  to  point  out.  I 
have  already  observed  that  the  origin  of  the  Americans,  or 
what  I  have  called  their  i)oint  of  departure,  may  be  looked 
upon  as  the  first  and  most  efficacious  cause  to  which  the 
])resent  prosperity  of  the  United  States  may  be  attributed. 
The  Americans  had  the  chances  of  birth  in  their  favor; 
and  their  forefathers  imported  that  equality  of  condition 
and  of  intellect  into  the  country  whence  the  democratic 
republic  has  very  naturally  taken  its  rise.  Nor  was  this 
all ;  for  besides  this  republican  condition  of  society,  the 
early  settlers  bequeathed  to  their  descendants  the  customs, 
manners,  and  opinions  which  contribute  most  to  the  suc- 
cess of  a  republic.  When  I  reflect  ujxm  the  consequences 
of  this  primary  fact,  methinks  I  see  the  destiny  of  America 
embodied  in  the  first  Puritan  who  landed  on  those  shores, 
just  as  the  whole  human  race  was  represented  by  tlie  first 
man. 

The  chief  circumstance  which  has  favored  the  establish- 
ment and  the  maintenance  of  a  democratic  republic  in  the 
United  States,  is  the  nature  of  the  territory  whicli  the 
Americans  inhabit.  Their  ancestors  o-ave  them  the  love  of 
eipiality  and  of  freedom ;  but  God  himself  gave  them  the 


Ml 


i'  •.■  ■': 


J 


I 


I'"     ^1 


872 


DKMOCHACY   IN'   AMKKU  A. 


means  of  I'diiiiiiiiiio;  chjiuiI  and  free,  l)y  placiiij^  tlicm  upon 
a  l)ouii(lli'ss  coiitiiK'iit.  General  prosperity  is  favorable  to 
the  stahility  of  all  j^overnnients,  but  more  jjarticularly  of 
a  (lemoeratie  one,  >vliieh  depeiuls  upon  the  wilT  of  the 
majority,  and  esj)eeially  upon  the  will  of  that  portion  of 
the  eonnnunity  which  is  most  e.\j)osed  to  want.  When 
the  people  rule,  they  must  be  rendered  hapi)y,  or  they  will 
overturn  the  state :  and  misery  stimulates  them  to  tliose 
excesses  to  which  ambition  rouses  kin<5s.  The  physical 
causes,  independent  of  the  laws,  which  }>romote  general 
])rosj)erity,  are  more  numerous  in  America  than  they  ever 
have  been  in  any  other  country  in  the  world,  at  any  other 
})eriod  of  history.  In  the  United  States,  not  only  is  legis- 
lation democratic,  but  Nature  herself  favors  the  cause  of 
the  people. 

In  what  part  of  human  history  can  be  found  anything 
similar  to  what  is  passing  before  our  eyes  in  North  Amer- 
ica? The  celebrated  communities  of  antiquity  were  all 
founded  in  the  midst  of  hostile  nations,  which  they  were 
obliged  to  subjugate,  before  they  could  flourish  in  their 
place.  Even  the  moderns  have  found,  in  some  parts  of 
South  America,  vast  regions  inhabited  by  a  people  of  infe- 
rior civilization,  but  who  had  already  occupied  and  culti- 
vated the  soil.  To  found  their  new  states,  it  was  necessary 
to  extirpate  or  subdue  a  numerous  poj)ulation,  and  they 
made  civilization  blush  for  its  own  success.  But  North 
America  was  inhabited  only  by  wandering  tribes,  wdio  had 
no  thought  of  profiting  by  the  natural  riches  of  the  soil ; 
that  vast  country  was  still,  properly  speaking,  an  empty 
continent,  a  desert  land  awaiting  its  inhabitants. 

Everything  is  extraordinary  in  America,  the  social  con- 
dition of  the  inhabitants,  as  well  as  the  laws ;  but  the  soil 
upon  which  these  institutions  are  founded  is  more  extraor- 
dinary than  all  the  rest.  When  the  earth  was  given  to 
men  by  the  Creator,  the  earth  was  inexhaustible ;  but  men 


CAUSKS   WHICJI   TKN'I)   TO   MAINTAIN   DF.MOrHACV. 


f>  t  •} 


were  wciik  smd  li;norant  ;  and  wlicn  tlii'V  li:ul  learned  to 
take  a<l\aiita<j;('  of  tlic  tivasurt's  which  it  ('((iitaiiicd.  thcv 
ah'i'ady  covered  its  surface,  and  were  soon  ohhiicd  to  earn 
l)y  tlic  sword  an  asyhnn  for  repose  and  freedom.  Jnst  tlien 
Nortii  Anu'rica  was  (lisco\-ered,  as  if  it  lia<l  lu'cn  i\e|»t  in 
reserve  hv  tlie  Deity,  and  luid  just  risen  from  heni'atii  the 
waters  of  tlie  dehiLje. 

That  continent  still  presents,  as  it  did  in  tlu'  primeval 
time,  ri\ers  which  rise  from  ni'ver-fiiilin;:;  sources,  ereen 
and  moist  solitudes,  and  limitless  fields  which  the  jilou^h- 
share  of  the  hushandman  has  never  turned.  In  this  state, 
it  is  otfert'd  to  man,  not  Karliarous,  iiiuorant,  and  isolated, 
as  lie  was  in  the  early  anx's,  Imt  ah'eadv  in- i»ossession  of 
the  most  important  seeri'ts  of  nature,  united  to  his  fellow- 
iiieu,  and  instructed  Ijy  the  experience  of  fifty  centuries. 
At  this  very  time,  thirteen  [twenty-five]  millions  of  civil- 
ized Euro})eans  are  })eaceaLly  spreading  over  those  fertile 
j)lains,  with  whose  resources  and  extent  they  are  not  yet 
themselves  accurately  acciuainted.  Three  or  four  thousand 
soldiers  drive  before  them  tlie  wandering  races  of  the  abo- 
rigines ;  these  are  followed  by  tlie  j)ioneers,  who  pierce  the 
■woods,  scare  off  the  beasts  of  prey,  explore  the  courses  of 
the  inland  streams,  and  make  ready  the  triumphal  march 
of  civilization  across  the  desert. 

Often,  in  the  course  of  this  work,  I  have  alluded  to  the 
favorable  influence  of  the  material  prosperity  of  America 
upon  the  institutions  of  that  country.  This  reason  had 
already  been  given  by  many  others  before  me,  and  is  the 
only  one  which,  being  palpable  to  the  senses,  as  it  were,  is 
familiar  to  Europeans.  I  shall  not,  then,  enlarge  upon  a 
subject  so  often  handled  and  so  well  understood,  beyond 
the  addition  of  a  few  facts.  An  erroneous  iiotiim  is  cen- 
erally  entertained,  that  the  deserts  of  America  are  i)eopled 
by  European  emigrants,  who  annually  disembark  ujx>n  the 
coasts  of  the  New  World,  whilst  the  American  population 


i 


I  ;.*F 


fiy 


mi 

.  I'M 


1   ; 


)  : 


a74 


DKMOCKACY    IN    AMKUICA. 


iiK  r(';is»'  iiiid  iiiiiltl|tlv  upoi)  tlio  soil  wliicli  tln'ir  forffatluTH 
till('«l.  Tilt'  iMiropfim  srttlcr  usually  arrivi's  in  the  United 
States  witliuiit  iVieiuls,  and  often  witlioiit  resources;  in 
order  to  subsist,  lie  is  ohlinjcd  to  work  for  hire,  an<l  ho 
rai'ely  |»i'oeeeds  ln'y«»n<l  that  helt  of  industrious  pojtulatioii 
which  adjoins  the  ocian.  The  desert  cannot  be  explored 
without  capital  or  cre(lit  ;  and  tlie  body  must  he  aecus- 
tonied  to  the  i"i;iors  of  a  new  climate,  before  it  can  be 
exjjosed  in  the  midst  of  the  tltri'st.  It  is  thi'  Americans 
themsel\t's  who  daily  (juit  the  spots  which  ^ave  tliem  birth, 
to  acquire  extensive  (h)mains  in  a  ri-mote  re;;ion.  Thus  tile 
European  leaves  liis  cottage  tor  the  Transatlantic  shori's, 
and  the  American,  who  is  born  on  tiiat  very  coast,  plunjiies 
in  liis  turn  into  the  wilds  of  central  America.  This  double 
emiiii'ation  is  incessant  ;  it  be«fins  in  the  middle  of  Ein'oj)e, 
it  crosses  the  Atlantic  Ocean,  and  it  advances  over  the  soli- 
tudes of  the  New  World.  ^lillions  of  men  arc  marchinjj 
at  once  towards  the  same  horizon  :  tlieir  ]an;i;uage,  their 
reli*2;ion,  their  manners  ditt'er ;  their  object  is  the  same. 
Fortune  lias  been  ])romised  to  tluni  somewdiere  in  the 
West,  and  to  the  West  thev  j;o  to  find  it. 

No  event  can  be  compared  with  this  continuous  removal 
of  the  human  race,  except  perhaps  those  irruptions  which 
caused  the  fall  of  the  Roman  Empire.  Then,  as  well  as 
now,  crowds  of  men  were  impelled  in  the  same  direction, 
to  meet  and  struggle  on  the  same  spot ;  but  the  designs  of 
Providence  were  not  tlie  same.  Then,  every  new-comer 
brought  with  him  destruction  and  death  ;  now,  each  one 
brings  the  elements  of  prosj)erity  and  life.  The  future 
still  conceals  from  us  the  remote  conse([uences  of  this  mi- 
gration of  the  Americans  towards  the  West ;  but  we  can 
readily  aj)])reliend  its  immediate  results.  As  a  portion  of 
the  inhabitants  annually  leave  the  States  in  which  they 
were  born,  the  population  of  these  States  increases  very 
slowly,  although  they  have  long  been  established.     Thus, 


\rn 


CAL'SKS   WllK'fl   TKXU    10   MAINTAIN    lUi.MOi  KACV.       '6^>} 


Ml  Ccuinfcticut,  wlilcli  vi't  ('((iita'ms  omIv  fil'tv-iiiiK'  iiili;il)it- 
;iiits  to  tlic  M{ii:ii'(>  mill  the  popiil.itloii  has  not  lirtii  iii« 
(•ivasi'd  l)v  iiioi't'  tliaii  one  uiiarttr  in  Hdtv  vi-ars,  wliilst 
tliat  ot'  lCii;:laii<l  lias  liccii  aii<:iiii'iit«'(l  1»\-  uiu'  tliif'l  in  tlio 
saiiK'  |)i'rit«l.  I'hi'  IlnroiK-au  ciui^ii'ant  always  lands,  tlu-fc- 
f'oiv,  ill  a  country  wliicli  is  hut  halt'  lull,  and  whcff  hands 
arc  in  rc(|uc>t  :  he  hccoincs  a  woikinan  in  easy  cii'cnni- 
.staiiccs  ;  his  son  eoes  to  sci'k  his  t'ortniu'  in  un|»eo|(led 
re^iions,  and  heconies  a  rich  land-owner.  The  lorincr 
amasses  the  capital  which  the  latter  invests  ;  and  the 
stran^Xcr  as  well  as  the  natixc  is  unaccpiainted  with  want. 

'IMk'  laws  of  tlu'  I'nited  States  are  extremely  tavorahle 
to  tlu'  di\  isioii  of  property  ;  hut  a  cause  more  j)owerful 
than  the  laws  pre\ents  jtrojierty  from  lieinn'  di\i(|ed  to 
excess.*  This  is  very  perci-ptihle  in  the  States  which  iiro 
at  hist  heiiinninii  to  be  thickly  peopled  ;  Massachusetts  is 
the  most  jtopulous  ])art  of  tlic  Union  ;  hut  it  contains  oidy 
ci;;hty  inhabitants  to  the  s([uare  mile,  which  is  nuich  less 
than  in  France,  where  one  lumdred  and  sixty-two  are 
reckoned  to  the  same  extent  of  country.  But  in  jMassu- 
chusetts,  estates  are  very  rarely  divided  ;  the  eldest  son 
generally  takes  the  land,  and  the  others  go  to  seek  their 
fortune  in  tlieir  desert.  The  law  lias  abolished  the  riiilit 
of  primogeniture,  but  circumstances  liave  concurred  to  re- 
establisli  it  under  a  form  of  wliich  none  can  coni[)lain,  and 
by  which  no  just  rights  are  impaired. 

A  single  fact  will  suffice  to  show  the  prodigious  number 
of  individuals  who  thus  leave  New  England  to  settle  in 
the  w  ilds.  We  were  assured  in  I80O,  that  thirt3^-six  of  the 
members  of  Couiiress  were  born  in  the  little  State  of  Con- 
necticut.  The  po})ulation  of  Connecticut,  which  consti- 
tutes only  one  forty-third  part  of  that  of  the  United  States, 
thus  furnished  one  eighth  of  the  whole  body  of  representa- 

*  In  New  England,  estates  are  very  small,  but  they  are  rarely  sulyeeted 
to  further  division. 


!    il 


■It 


ti 


370 


DEMOCRACY    IN    AMKRICA. 


i!  i 


;>     <  ' 


lives.  Tlje  State  of  Conivctlcut  of  itself,  however,  sends 
only  five  delegates  to  Congress  ;  and  the  thirty-one  others 
sit  for  the  new  Western  States.  If  these  thirty-one  indi- 
vidnals  had  remained  in  Connecticut,  it  is  probable  that, 
instead  of  becoming  rich  land-owners,  they  would  have 
remained  humble  laborers,  that  they  would  have  lived  in 
obscurity  without  being  able  to  rise  into  public  life,  and 
that,  far  fivmi  becomino;  useful  lemslators,  thcv  might  have 
been  uiu'ulv  citizens. 

These  reflections  do  not  escape  the  observation  of  the 
Americans  any  more  than  of  ourselves.  "  It  cannot  be 
doubted,"  says  Chancellor  Kent,  in  his  Treatise  on  Amer- 
ican Law,  "  that  the  division  of  landed  estates  must  pro- 
duce great  evils,  when  it  is  carried  to  such  excess  as  that 
each  parcel  of  land  is  insufficient  to  support  a  family  ,  but 
these  disadvantaijes  have  never  been  felt  in  the  United 
States,  and  many  generations  must  elapse  before  they  can 
be  felt.  The  extent  of  our  inhabited  tei'ritory,  the  abun- 
dance of  adjacent  land,  and  the  continual  stream  of  emi- 
ijration  flowino;  from  the  shores  of  the  Atlantic  towards 
the  interior  of  the  country,  suffice  as  yet,  and  will  long 
suffice,  to  prevent  the  parcelling  out  of  estates." 

It  would  be  difficult  to  describe  the  avidity  with  which 
the  American  rushes  forward  to  secure  this  immense  booty 
which  fortune  offers.  In  the  pursuit,  he  fearlessly  braves 
the  arrow  of  the  Indian  and  the  diseases  of  the  forest ;  ht 
is  unimpressed  by  the  silence  of  the  woods ;  the  approach 
of  beasts  of  prey  does  not  disturb  him ;  for  he  is  goaded 
onwards  by  a  passion  stronger  than  the  love  of  life.  Be- 
fore him  lies  a  boundless  continent,  and  he  urges  onward 
as  if  time  pressed,  and  he  was  afraid  of  finding  no  room 
for  his  exertions.  I  have  s])oken  of  the  emigration  from 
the  older  States  ;  but  how  shall  I  describe  that  which  takes 
place  from  the  more  recent  ones?  Fifty  years  have 
scarcely   elapsed    since   that    of  Ohio    was    founded ;    the 


CAUSES    WHICH    TKXD   TO    MAINTAIN    Dl'.MOCKACV. 


'j<  < 


greater  part  of  its  inliabitants  were  not  born  witliin  its 
confines  ;  its  capital  has  been  built  only  thirty  years,  and 
its  territory  is  still  covered  by  an  immense  extent  of 
uncultivated  fields  ;  yet  already  the  population  of  ( )hio  is 
proceeding  westward,  and  most  of  tlie  settlers  who  de- 
scend to  the  fertile  prairies  of  Illinois  are  citizens  of  Ohio. 
Tliese  men  left  their  first  country  to  improve  tlieir  condi- 
tion ;  they  quit  their  second,  to  ameHorate  it  still  more ; 
fortune  awaits  them  everywhere,  but  not  hai)piness.  The 
desire  of  })rosperity  is  become  an  ardent  and  restless  pas- 
sion in  their  minds,  which  «»;rows  by  what  it  feeds  on. 
They  early  broke  the  ties  wliich  bound  them  to  their  natal 
earth,  and  they  have  contracted  no  fresh  ones  "on  their  way. 
Emigration  was  at  first  necessary  to  them  ;  and  it  soon 
becomes  a  sort  of  game  of  chance,  which  they  pursue  for 
the  emotions  it  excites,  as  much  as  for  the  gain  it  procures. 

Sometimes  the  progress  of  man  is  so  rapid  that  the  des- 
ert reappears  behind  him.  The  woods  stoop  to  give  him  a 
passage,  and  spring  up  again  when  he  is  past.  It  is  not 
uncommon,  in  crossing  the  new  States  of  the  AVest,  to 
meet  with  deserted  dwellings  in  the  midst  of  the  wilds  ; 
the  traveller  frequently  discovers  the  vestiges  of  a  log- 
house  in  the  most  solitary  retreat,  which  bear  witness  to 
the  power,  and  no  less  to  the  inconstancy,  of  man.  In 
these  abandoned  fields,  and  over  these  ruins  of  a  day,  the 
primeval  forest  soon  scatters  a  fresh  vegetation  ;  the  beasts 
resume  the  haunts  which  were  once  tlieir  own  ;  and  Na- 
ture comes  smilino;  to  cover  the  traces  of  man  with  iireen 
branches  and  flowers,  which  obliterate  his  ephemeral  track. 

I  remember,  that,  in  crossing  one  of  the  woodland  dis- 
tricts which  still  cover  the  State  of  New  York,  I  reached 
the  shores  of  a  lake  which  was  embosomed  in  forests  co- 
eval with  the  world.  A  small  island,  covered  with  woods 
whose  thick  foliage  concealed  its  banks,  rose  from  the 
centre  of  the  waters.     Upon  the  shores  of  the  lake,  no 


if!' 


■s  .  i: 


■   i    '    M  t 


■H!.  I( 


nut  Yi 


mi' 


I 


lli 


::'l'i^  ■ 


;in 


jij  I 


i    I 


;    :' 


^T8 


Oi 


DEMOCRACY   IN   AMEUICA. 


object  attested  the  presence  of  nuiii,  except  a  column  of 
smoke,  wliicli  mio;lit  be  seen  on  the  horizon  risin<'-  from  the 
to])s  of  tlie  trees  to  the  ck)U(ls,  and  seeming  to  liang  from 
lieaven  ratlier  than  to  be  mountinij;  to  it.  An  Indian  canoe 
was  liauled  up  on  tlie  sand,  which  tempted  me  to  visit  tlie 
islet  that  had  first  attracted  my  attention,  and  in  a  few 
minutes  I  set  loot  u])o;i  its  banks.  The  whole  island 
formed  one  of  those  delicious  solitudes  of  the  Xew  World, 
which  almost  lead  civilized  man  to  reo;ret  the  haunts  of  the 
savaoe.  A  luxuriant  veo-etation  bore  witness  to  the  incom- 
parable  fruitfulness  of  the  soil.  The  deep  silence,  which  is 
common  to  the  wilds  of  North  America,  was  only  broken 
by  the  mcjnotonous  cooing  of  the  wood-pigeons,  and  the 
ta})])ing  of  the  woodpecker  upon  the  bark  of  trees.  I  was 
far  from  sup})osing  that  tliis  spot  had  ever  been  inhabited, 
so  completely  did  Nature  seem  to  be  left  to  herself;  but 
when  I  reached  the  centre  of  the  isle,  I  thought  that  I  dis- 
covered some  traces  of  man.  I  then  proceeded  to  examine 
the  surrounding  objects  with  care,  and  I  soon  perceived 
that  a  European  had  undoubtedly  been  led  to  seek  a  refuge 
in  this  place.  Yet  what  changes  had  taken  place  in  the 
scene  of  his  labors  !  The  logs  which  he  had  hastily  hewn 
to  build  himself  a  shed  had  sprouted  afresh  ;  the  very 
props  w^ere  intertwined  with  living  verdure,  and  his  cabin 
was  transformed  into  a  bower.  In  the  midst  of  these 
shrubs,  a  few  stones  w^ere  to  be  seen,  blackened  with  fire 
and  spriidded  with  thin  ashes ;  here  the  hearth  had  no 
doubt  been,  and  the  chinmey  in  falling  had  covered  it  with 
rubbish.  I  stood  for  some  time  in  silent  admiration  of  the 
resources  of  Nature  and  the  littleness  of  man ;  and  when 
I  was  obliged  to  leave  that  enchanting  solitude,  I  exclaimed 
with  sadness,  "  Are  ruins,  then,  already  here  ?  " 

In  Europe,  we  are  wont  to  look  upon  a  restless  disposi- 
tion, an  unbounded  desire  of  riches,  and  an  excessive  love 
of  independence,  as  propensities  very  dangerous  to  society. 


CAUSES   WHICH   TEND   TO   MAINTAIN    DEMOCHACY.       379 


Yet  these  are  the  very  elements  whieli  insure  a  long  and 
peaceful  future  to  the  republics  of  America.  Without 
these  unquiet  passions,  the  population  would  collect  in  cer- 
tain spots,  and  would  soon  experience  wants  like  those  of 
the  Old  World,  which  it  is  difficult  to  satisfy ;  for  such  is 
the  i)resent  good  fortune  of  the  New  World,  that  the  vices 
of  its  inhabitants  are  scarcely  less  favorable  to  society  than 
their  virtues.  These  circumstances  exercise  a  iiivat  inHu- 
ence  on  the  estimation  in  which  human  actions  are  hold  in 
the  two  hemispheres.  W^hat  we  should  call  cupidity,  the 
Americans  frequently  term  a  laudable  industry  ;  and  they 
blame  as  faint-heartedness  what  we  consider  to  be  the  vir- 
tue of  moderate  desires. 

In  France,  simple  tastes,  orderly  manners,  domestic 
aft'ections,  and  the  attachment  which  men  feel  to  the  place 
of  their  birth,  are  looked  upon  as  great  guaranties  of  the 
tranquillity  and  happiness  of  tlie  state.  But  in  America, 
nothing  seems  to  be  more  prejudicial  to  society  than  such 
virtues.  The  French  Canadians,  who  have  faithfully  pre- 
served the  traditions  of  their  ancient  manners,  are  already 
embarrassed  for  room  upon  their  small  territory ;  and  this 
little  community,  which  has  so  recently  begun  to  exist,  will 
shortly  be  a  prey  to  the  calamities  incident  to  old  nations. 
In  Canada,  the  most  enlightened,  j)atriotic,  and  humane 
inhabitants  make  extraordinary  eftbrts  to  render  the  peo- 
ple dissatisfied  with  those  simple  enjoyments  wliicli  still 
content  them.  There  the  seductions  of  wealth  are  vaunt- 
ed with  as  much  zeal  as  the  charms  of  a  moderate  compe- 
tency in  the  Old  World ;  and  more  exertions  are  made  to 
excite  the  passions  of  the  citizens  there,  than  to  calm  them 
elsewhere.  If  we  listen  to  their  accounts,  we  shall  hear 
that  nothing  is  more  praiseworthy  than  to  exchange  the 
})ure  and  tranquil  jjleasures  which  even  the  poor  man  tastes 
in  his  own  country,  for  the  sterile  delights  of  pros})erity 
under  a  foreign  sky ;  to  leave  the  patrimonial  hearth,  and 


#  i 


mi 


;'. 


r  'i 


380 


DEMOCRACY  IN   AMKRICA. 


the  turf  beneatli  wliicli  one's  forefatliers  sleep,  —  in  short, 
to  abandon  tlie  hving  iind  tlie  dead,  in  quest  of  fortune. 

At  tlie  present  time,  America  presents  a  field  for  human 
effort  far  more  extensive  than  any  sum  of  labor  whieh  can 
be  applied  to  work  it.  In  America,  too  much  knowledge 
cannot  be  diffused ;  for  all  knowledge,  whilst  it  may  serve 
him  who  possesses  it,  turns  also  to  the  advantage  of  those 
who  are  without  it.  New  wants  are  not  to  be  feared  there, 
since  they  can  be  satisfied  without  difficulty ;  the  growth 
of  human  passions  need  not  be  dreaded,  since  all  })assions 
may  find  an  easy  and  a  legitimate  object ;  nor  can  men 
there  be  made  too  free,  since  they  are  scarcely  ever  tempt- 
ed to  misuse  their  liberties. 

The  American  re])ublics  of  the  present  day  are  like  com- 
panies of  adventurers,  formed  to  explore  in  common  the 
waste  lands  of  the  New  World,  and  busied  in  a  flourishino- 
trade.  The  passions  which  agitate  the  Americans  most 
deeply  are  not  their  political,  but  their  commercial,  pas- 
sions ;  or,  rather,  they  introduce  the  habits  of  business  into 
their  political  life.  They  love  order,  without  which  affairs 
do  not  prosper  ;  and  they  set  an  especial  value  upon  regu- 
lar conduct,  which  is  the  foundation  of  a  solid  business. 
They  prefer  the  good  sense  which  amasses  large  fortunes 
to  that  enterprising  genius  which  frequently  dissipates 
them  ;  general  ideas  alarm  their  minds,  which  are  accus- 
tomed to  positive  calculations  ;  and  they  hold  practice  in 
more  honor  than  theory. 

It  is  in  America  that  one  learns  to  understand  the  influ- 
ence which  physical  prosperity  exercises  over  political  ac- 
tions, and  even  over  opinions  which  ought  to  acknowledge 
no  sway  but  that  of  reason  ;  and  it  is  more  especially 
among  strangers  that  this  truth  is  perceptible.  Most  of 
the  European  emigrants  to  the  New  World  carry  with 
them  that  wild  love  of  independence  and  change  which 
our  calamities  are  so  apt  to  produce.      I  sometimes  met 


CAUSKS   WHICH    TEND    TO    MAINTAIN    DKMOCRACY. 


nsi 


u'itli  Europeans  in  tlie  United  States,  who  had  heen  ohli^ed 
to  leave  tlieir  country  on  account  of  their  jxditical  ojtinions. 
Tliey  all  astonished  me  by  the  lan<j;uaii;e  they  held,  hut  ono 
of  them  surprised  mo  more  than  all  the  rest.  As  I  was 
crossino;  one  of  the  most  remote  districts  of  Pennsylvania, 
I  was  benin-hted,  and  obliiied  to  beo;  for  hospitality  at  the 
mite  of  a  wealthy  i)lanter,  who  was  a  Frenchman  by  birth. 
He  bade  me  sit  down  beside  his  fire,  and  we  beoan  to  talk 
Avith  that  freedom  which  l)efits  persons  who  meet  in  the 
backwoods,  two  thousand  leafjnes  from  tlieir  native  coun- 
try.  I  was  aware  that  my  host  had  been  a  frwut  leveller 
and  an  ardent  demaffofjue  forty  years  aiio,  and  that  his 
name  was  in  history.  I  was  therefore  not  a  little  surprised 
to  hear  him  discuss  the  rights  of  })ro})erty  as  an  economist 
or  a  land-owner  might  have  done  :  he  s})oke  of  the  neces- 
sary gradations  which  fortune  establishes  among  men,  of 
obedience  to  established  laws,  of  the  influence  of  o-ood 
morals  in  conmionwealths,  and  of  the  su])port  which  relig- 
ious opinions  give  to  order  and  to  freedom ;  he  even  went 
so  far  as  to  quote  the  authority  of  our  Saviour  in  sui)port 
of  one  of  his  political  opinions. 

I  listened,  and  marvelled  at  the  feebleness  of  human  rea- 
son. How  can  we  discover  whether  a  proposition  is  true 
or  false,  in  the  midst  of  the  uncertainties  of  science  and  the 
conflicting  lessons  of  experience  ?  A  new  fact  disperses  all 
my  doubts.  I  was  poor,  I  have  become  rich  ;  and  I  am 
not  to  expect  that  prosperity  will  act  upon  my  conduct, 
and  leave  my  judgment  free.  In  truth,  my  opinions 
change  with  my  fortune  ;  and  the  haj)py  circumstances 
which  I  turn  to  my  advantage  furnish  me  with  that  deci- 
sive aro-ument  which  was  before  wantino;. 

The  influence  of  prosperity  acts  still  more  freely  upon 
Americans  than  upon  strangers.  The  Amei'ican  has  al- 
ways seen  public  order  and  public  prosperity  intimately 
united,  and  proceeding  side  by  side  before  his  eyes  ;  he 


D 


A 


ml 


I ;    r 


382 


DKMOCRACY  IN  AMERICA. 


cannot  ovon  iman-ino  that  one  can  subsist  without  tlie 
other  :  lie  has  tlierefore  nothing  to  forget ;  nor  lias  he, 
like  so  many  Europeans,  to  unlearn  the  lessons  of  his  early 
education. 


influp:nce  of  the  laws  upon  the  maintenance  of  the 
democratic  republic  in  the  united  states. 

Three  principal  Ctuiscs  of  the  Maintcnanre  of  the  Dcmorratic  Republic.  — 
Federal  Union.  —  Township  Institutions.  —  Judicial  I'owor. 

The  principal  aim  of  this  book  has  been  to  make  known 
the  laws  of  the  United  States  ;  if  tliis  purpose  has  been 
accomplished,  the  reader  is  already  enabled  to  judge  for 
himself  which  are  the  laws  that  really  tend  to  maintain 
the  democratic  republic,  .ind  which  endanger  its  existence. 
If  I  have  not  succeeded  in  explaining  this  in  the  whole 
course  of  my  work,  I  cannot  hope  to  do  so  in  a  single 
chapter.  It  is  not  my  intention  to  retrace  the  path  I  have 
already  pursued ;  and  a  few  lines  will  suffice  to  recapitu- 
late what  I  have  said. 

Three  circumstances  seem  to  me  to  contribute  more  than 
all  others  to  the  maintenance  of  the  democratic  republic  in 
the  United  States. 

The  first  is  that  federal  form  of  jjovernment  which  the 
Americans  have  adopted,  and  which  enables  the  Union  to 
combine  the  power  of  a  great  republic  with  the  security 
of  a  small  one  ; 

The  second  consists  in  those  township  institutions  which 
limit  the  despotism  of  the  majority,  and  at  the  same  time 
impart  to  the  people  a  taste  for  freedom,  and  the  art  of 
being  free  ; 

The  third  is  to  be  found  in  the  constitution  of  the 
judicial  power.  I  have  shown  how  the  courts  of  justice 
serve  to  repress  the  excesses  of  democracy,  and  how  they 
check  and  direct  the  impulses  of  the  majority  without  stop- 
ping its  activity. 


CAUSKS   Wllirir   TKXn   TO   MAIXTAIX   l>i:MOfnACY.       883 


NCE   OF  THK 


INFLUENCE    OF   MANNF,T18    UPON    THE    MAINTENANCE   OF    THE 
DEMOCRATIC    IIEI'UIJLIC    IN    THE    UNITED    SIATES. 

I  HAVE  previously  remarked  tliat  tlie  manners  of  tlio 
people  may  be  considered  as  one  of  tlio  p'eat  ii;eneral 
causes  to  wliieh  the  maintenance  of  a  democratic  rej)ul»lic 
in  the  United  States  is  attrii)ntable.  I  liere  use  the  word 
manners  with  the  meanino;  which  the  ancients  attached  to 
tlie  word  mores  ;  for  I  apply  it  not  only  to  manners  proper- 
ly so  called,  —  that  is,  to  what  might  be  termed  tlte  habits 
of  the  hearty  —  but  to  the  various  notions  and  opinions  cur- 
rent amono;  men,  and  to  the  mass  of  those  ideas  which  con- 
stitute  their  character  of  mind.  I  comprise  under  this 
term,  therefore,  the  whole  moral  and  intellectual  condition 
of  a  people.  j\Iy  intention  is  not  to  draw  a  })icture  of 
American  manners,  but  simply  to  point  out  such  features 
of  them  as  are  favorable  to  the  maintenance  of  their  politi  • 
cal  institutions. 


RELIGION  CONSIDERED  AS  A  POLITICAL  INSTITUTION,  WHICH 
POWERFULLY  CONTRIBUTES  TO  THE  MAINTENANCE  OF  THE 
DEMOCRATIC    REPUBLIC    AMONGST    THE    AMERICANS. 

North  Amerifa  peopled  l)y  Men  wlio  professed  a  Democratic  and  Republican 
Christianity.  —  Arrival  of  the  Catholics.  —  Why  the  Catholics  uow  form 
the  most  Democratic  and  most  Republican  Class. 

By  the  side  of  every  rehgion  is  to  be  found  a  political 
opinion,  which  is  connected  with  it  by  affinity.  If  the 
human  mind  be  left  to  follow  its  own  bent,  it  will  regulate 
the  temporal  and  spiritual  institutions  of  society  in  a  uni- 
form manner ;  and  man  will  endeavor,  if  I  may  so  speak, 
to  harmonize  earth  with  heaven. 

The  greatest  part  of  British  America  was  peoj)led  by 
men  who,  after  having  shaken  off  the  authority  of  the 


^  1\ , 


fi ; 


i 

m 
I 


III 


,1'i 


I'i 


'  .  ia 


■i-i 


384 


I)i:mo(  racy  i\  ami:i.mca. 


P(t|K%  acl<n()wl('(lo;('(l  no  other  roliojions  sii]»romnoy:  tliey 
brought  w  itli  them  into  tlu'  New  AVorld  a  t'oi'in  of  Cliris- 
tiaiiitv,  wliicli  I  cannot  bottor  dcsoribo  tlian  by  stylinii;  it 
a  (Icnioci'atic  and  republican  reli;:;ion.  Tliis  contributed 
powerfully  to  the  establishment  of  a  republic  and  a  de- 
mocracy in  public  affairs ;  and  from  the  beginning,  politics 
and  religion  contracted  an  alliance  which  has  never  been 
dissolved. 

About  fifty  years  ago,  Ireland  began  to  pour  a  Catholic 
j)oj)Tdation  into  the  United  States ;  and  on  their  part,  the 
Catholics  of  America  made  ])roselytes,  so  that,  at  the  j)res- 
ent  moment,  more  than  a  million  of  Christians,  professing 
the  truths  of  the  Church  of  Rome,  are  to  be  found  in  the 
Union.  These  Catholics  arc  faithful  to  the  observances  of 
their  religion  ;  they  are  fervent  and  zealous  in  the  belief 
of  their  doctrines.  Yet  they  constitute  the  most  repub- 
lican and  the  most  democratic  class  in  the  United  States. 
This  fact  may  surprise  the  observer  at  first,  but  the  causes 
of  it  may  easily  be  discovered  upon  reflection. 

I  think  that  the  Catholic  religion  has  erroneously  been 
regarded  as  the  natural  enemy  of  democracy.  Amongst 
the  various  sects  of  Christians,  Catholicism  seems  to  me, 
on  the  contrary,  to  be  one  of  the  most  favorable  to  equality 
of  condition  amonrj  men.  In  the  Catholic  Church,  the 
religious  community  is  composed  of  only  two  elements ; 
the  priest  and  the  people.  The  priest  alone  rises  above 
the  rank  of  his  flock,  and  all  below  him  are  equal. 

On  doctrinal  points,  the  Catholic  fliith  places  all  human 
capacities  upon  the  same  level ;  it  subjects  the  wise  and 
io-norant,  the  man  of  o-enius  and  the  vulgar  crowed,  to  the 
details  of  the  same  creed ;  it  imposes  the  same  observances 
upon  the  rich  and  needy,  it  inflicts  the  same  austerities 
U])on  the  strong  and  the  weak  ;  it  listens  to  no  compromise 
with  mortal  man,  but,  reducing  all  the  human  race  to  the 
same  standard,  it  confounds  all  the  distinctions  of  society 


CAUSES   WHICH   TKND   TO    MAINTAIN'    DKMOCRACV.       o8;") 


at  the  foot  of  tlie  same  altar,  ovon  as  tliov  are  oonf(»uii''  ' 
in  the  siolit  of  God.  If  Catliolicisni  j)ri'(lisj)oses  tlu'  tiiitn- 
fiil  to  ohodicnce,  it  certainly  docs  not  prepare  them  lor  in- 
equality :  but  the  contrary  may  be  said  of  Protestantism, 
which  <j;enerally  tends  to  make  men  in<le|)endent,  more 
thau  to  render  them  eipial.  Catholicism  is  like  an  abso- 
lute monarchy ;  if  the  sovereio;n  be  removed,  all  the  other 
classes  of  society  are  more  ecpial  than  in  rej)nblics. 

It  has  not  unfrequently  occurred  that  the  Catholic  priest 
has  left  the  service  of  the  altar  to  mix  with  the  oovcrninjjj 
powers  of  society,  and  to  take  his  ])lace  amongst  the  civil 
ranks  of  men.  This  relioious  influence  lias  sometimes 
been  used  to  secure  the  duration  of  that  political  state  of 
thin<rs  to  which  he  belouijed.  Thus  we  have  seen  Cath- 
olics  takino;  the  side  of  aristocracy  from  a  relio-ious  motive. 
But  no  sooner  is  the  priesthood  entirely  separated  from 
the  government,  as  is  the  case  in  the  United  States,  than 
it  is  found  that  no  class  of  men  are  more  naturally  disposed 
than  the  Catholics  to  transfer  the  doctrine  of  the  equality 
of  condition  into  the  political  world. 

If,  then,  the  Catholic  citizens  of  the  United  States  are 
not  forcibly  led  by  the  nature  of  their  tenets  to  adopt  dem- 
ocratic and  republican  princij)les,  at  least  they  are  not 
necessarily  opposed  tt)  them ;  and  their  social  position,  as 
well  as  their  limited  nundjer,  obliges  them  to  adopt  these 
o})inions.  Most  of  the  Catholics  are  })Oor,  and  they  have 
no  chance  of  taking  a  part  in  the  government  unless  it  be 
o|>en  to  all  the  citizens.  They  constitute  a  minority,  and 
all  rights  must  be  respected  in  order  to  insnre  to  them  the 
free  exercise  of  their  own  privileges.  These  two  causes 
induce  them,  even  unconsciously,  to  adopt  political  doc- 
trines which  they  would  perhaps  support  with  less  y.eal  if 
they  were  rich  and  preponderant. 

The  Catholic  clergy  of  the  United  States  have  never 
attempted  to  oppose  this  political  tendency ;  but  they  seek 

17  Y 


'!»' 


380 


DEMOCRACY   IN   AMERICA. 


!    !       f 


ii  ii 


ratlier  to  justify  it.  The  Catliolic  i)ri('sts  in  Amcncii  liave 
dividc'tl  tlio  intt'llt'ctual  world  into  two  parts:  in  tlic  one, 
they  place  the  doctrines  of  revealed  religion,  wliicli  they 
assent  to  without  discussion  ;  in  the  other,  they  leave  those 
political  truths,  which  they  believe  the  Deity  has  left  open 
to  free  incpiiry.  Thus  the  Catholics  of  the  United  States 
are  at  the  same  time  the  most  submissive  believers  and  the 
most  independent  citizens. 

It  may  be  asserted,  then,  that  in  the  United  States  no 
relio;i()us  doctrine  dis})lays  the  slightest  hostility  to  demo- 
cratic and  repul)lican  institutions.  The  clergy  of  all  the 
different  sects  there  hold  the  same  language ;  their  opinions 
are  in  agreement  wn'tli  the  laws,  and  the  human  mind  rlaws 
onwards,  so  to  speak,  in  one  undivided  current. 

I  happened  to  be  staying  in  one  of  the  largest  cities  in 
the  Union,  when  I  was  invited  to  attend  a  public  meeting 
in  favor  of  the  Poles,  and  of  sending  them  sup})lies  of 
arms  and  money.  I  found  two  or  three  thousand  persons 
collected  in  a  vast  hall,  which  had  been  prepared  to  receive 
them.  In  a  short  time,  a  priest,  in  his  ecclosiastical  robes, 
advanced  to  the  front  of  the  platform  :  the  spectators  rose, 
and  stood  uncovered  in  silence,  whilst  he  spoke  in  the  fol- 
lowing terms :  — 

"  Abnighty  God !  the  God  of  armies !  Thou  who  didst 
strengthen  the  hearts  and  guide  the  arms  of  our  fathers 
when  they  were  fighting  for  the  sacred  rights  of  their 
national  independence !  Thou  who  didst  make  them  tri- 
umph over  a  hateful  oppression,  and  hast  gi'anted  to  our 
people  the  benefits  of  liberty  and  peace !  turn,  ()  Tjord,  a 
favorable  eye  upon  the  other  hemisphere ;  pitifully  look 
down  upon  an  heroic  nation  which  is  even  now  struggling 
as  we  did  in  the  former  time,  and  for  the  same  rights. 
Thou,  who  didst  create  man  in  the  same  image,  let  not 
tyranny  mar  thy  work,  and  establish  inequality  upon  the 
earth.     Almighty  God !  do  thou  watch  over  the  destiny 


i« 


CAUSF.S   WHICH    TKNI)   TO    MAINTAIN    IH.MOCHACV. 


•  )0( 


t  Cities  111 


of  tlio  Pol«'s,  and  inako  tliom  wortliy  to  be  freo.  Mwy  tlir 
wisdom  diivc't  their  councils,  may  tliy  stivn^tli  sustain 
tlicir  arms  I  Slicd  forth  thy  tvrror  over  tlicir  enemies ; 
scatter  tlie  ])oweiN  wliicli  take  counsel  ap;ainst  tliem  ;  and 
permit  not  tlie  injustice  wliich  the  worhl  has  witnessed  tor 
fifty  years  to  he  consummated  in  our  tiini>,  O  Lord,  who 
lioltk'st  ahke  the  hearts  of  nations  and  of  men  in  thy  pow- 
erful hand,  raise  up  allies  to  the  sacred  cause  of  rii^ht : 
arouse  the  French  nation  from  the  apathy  in  which  its 
rulers  retain  it,  that  it  may  go  forth  again  to  tight  for  the 
liherties  of  the  world. 

"  Lord,  turn  not  thou  thy  fiice  from  us,  and  grant  that 
we  may  always  be  the  most  religious,  as  wei.l  as  the  freest, 
people  of  the  earth.  Almighty  God,  hear  our  supplica- 
tions this  day.  Save  the  Poles,  we  beseech  thee,  in  the 
name  of  thy  well-beloved  Son,  our  Lord  Jesus  Christ,  who 
died  upon  the  cross  for  the  salvation  of  all  men.     Amen." 

The  whole  meeting  responded,  "  Amen  !  "  with  devotion. 


INDIRECT    INFLUENCE   OF    KELIGIOUS    OriNIONS    UPON    POUT- 
ICAL   SOCIETY    IN    THE    UNITED    STATES. 

Christian  Morality  common  to  all  Sects.  —  Influence  of  Kclijjion  upon  the 
Manners  of  the  Americans.  —  Respect  for  the  Marriapc  Tie.  —  How 
Religion  confines  the  Imafiination  of  the  Americans  within  certain  Lim- 
its, and  checks  tlie  Passion  for  Innovation.  —  Opinion  of  the  Americans 
on  the  political  Utility  of  Religion.  —  Their  Exertions  to  extend  and 
secure  its  Authority. 

I  HAVE  just  shown  what  the  direct  influence  of  religion 
upon  politics  is  in  the  United  States ;  but  its  indirect  in- 
fluence appears  to  me  to  be  still  more  considerable,  and  it 
never  instructs  the  Americans  more  fully  in  the  art  of 
being  free  than  when  it  says  nothing  of  freedom. 

The  sects  which  exist  in  the  United  States  are  innu- 


:;  ? 


i 


.  ) 


'!f 


i* 


f     »■ 
i     i 


w 


;j«8 


miMOCltACY    IN    AMKIJICA. 


iiuTuhK'.  'I'lu-y  ill!  dim  r  in  ri'spccL  to  the  worslilp  wlilch 
is  (liii-  to  till'  Creator;  l)Ut  tlioy  all  a^jivo  in  n'spect  to  the 
(lutii's  which  aiv  iliic  from  man  to  man.  Each  sect  adori's 
till'  Di'ity  in  its  own  peculiar  maniu'r;  hnt  all  socts  preach 
the  same  nioi'al  law  in  the  nanu'  of  (lod.  li'  it  he  of  the 
highest  iin|iortance  to  man,  as  an  individual,  that  his  reli<f- 
ion  slioidd  he  true,  it  is  not  so  to  society.  Society  has  no 
I'nture  life  to  hope  lor  or  to  tear;  and  j)rovideil  the  citizi-ns 
jirofess  a  reli<;;ion,  the  peculiar  tenets  of  that  religion  are 
of  little  importance  to  its  interests.  Moreover,  all  the 
sects  of  the  I'nited  States  are  comprised  within  the  (fi'eat 
unity  of  Christianity,  and  Christian  morality  is  everywhere 
the  same. 

It  may  fairly  he  helieved,  that  a  certain  numher  of 
Americans  pursue  a  peculiar  form  of  worship  from  habit 
more  than  from  conviction.  In  the  United  States,  the 
sovereign  authority  is  relitrious,  and  consecjuently  hypocrisy 
nuist  he  common  ;  hut  there  is  no  country  in  the  world 
where  the  Christian  relijiion  retains  a  mvater  influence 
over  the  souls  of  men  than  in  America ;  and  tliere  can  be 
no  greater  proof  of  its  utility,  and  of  its  conformity  to 
human  nature,  than  that  its  influence  is  powerfully  felt 
over  the  most  enliu-htened  and  free  nation  of  the  earth. 

I  have  remarked  that  the  American  clero;y  in  general, 
without  even  excepting  those  who  do  not  admit  religious 
liberty,  are  all  in  favor  of  civil  freedom ;  but  they  do  not 
su})port  any  })articular  political  system.  They  keep  aloof 
from  parties,  and  from  public  affairs.  In  the  United 
States,  religion  exercises  but  little  hifluence  upon  the  laws, 
and  u})on  the  details  of  public  opinion  ;  but  it  directs  the 
manners  of  the  community,  and,  by  regulating  domestic 
life,  it  regulates  the  state. 

I  do  not  question  that  the  great  austerity  of  manners 
which  is  observable  in  the  United  States  arises,  in  the  first 
instance,  from  religious  faith.     Religion  is  often  unable  to 


CAUSES   WHICH    TKNI)    TO    MAINTAIN    DUMOCRACV. 


;5hl» 


restrain  man  from  tlio  nnmlH-rlcss  tiini»tiiflon«<  which 
ciianci'  (tVcrs  ;  n»>r  can  it  check  tliat  passion  for  ;;ain  which 
cvcrvtiiinir  contril)Utcs   to  aronsi' :    hnt    its  inlhicn 


i'i'   over 


tlic  mni( 


I    of 


\\ 


oman   is  snprcinc,  and  women  are   the   pro 


ti'ctors  of  morals.  There  is  cei'tainly  no  conntry  in  the 
world  where  the  tie  of  marriani'  is  more  respected  than  in 
America,  or  where  conjnual  iiapi)iness  is  more  hiiihiv  or 
wortiiily  ai)preeiated.  In  I'lnrop(>,  almost  all  the  tlistnrln 
ances  of  society  arise  from  the  irreunlarities  of  domestic 
life.  To  derpise  the  natural  honds  and  legitimate  jde.isnres 
of  home,  is  to  contract  ii  taste  lor  excesses,  ji  restlessness 
of  heart,  and  Hnctnatini];  (U'sires.  A^'itated  hy  the  tnnnil- 
tnons  passions  which  frecpiently  distnrh  his  dwellini:',  the 
Enntpean  is  «j;alled  by  the  obedience  which  tlu'  Iciii^lative 
powers  of  the  state  exact.  lint  when  the  American 
retires  from  the  turmoil  of  pnblic  life  to  the  bosom  of  liis 
family,  he  finds  in  it  the  imau;e  of  order  and  of  peace. 
There  his  ])leasnn'S  are  simple  and  natnral,  his  joys  are 
intiocent  and  calm  ;  and  as  he  finds  thtit  an  orderly  lite  is 
the  snrest  path  to  ha])j)iness,  lie  acenstoms  himself  easily 
to  moderate  his  opinions  as  well  as  his  tastes.  A\'hilst  tlio 
Enroijcan  endeavors  to  forjiet  his  domestic  tronbles  bv  aiii- 
tatinn;  society,  the  American  derives  from  his  own  home 
that  love  of  order  whicli  he  afterwards  carries  with  him 
into  public  affairs. 

In  the  United  States,  the  influence  of  relii^ion  is  not 
confined  to  the  manners,  but  it  extends  to  the  intelliifence, 
of  the  people.  Amoncrst  the  Aniilo-Americans,  some  ])r(H 
less  the  doctrines  of  Christianity  fi'om  a  sincere  belit'f  in 
them,  and  others  do  the  same  because  they  fear  to  l)e  sus- 
pected of  unbelief.  Christiaiiity,  therefore,  reigns  without 
obstacle,  by  universal  consent ;  the  consetpience  is,  as  I 
have  before  observed,  that  every  principle  of  the  moral 
world  is  fixed  and  determinate,  althouoh  the  political  world 
is  abandoned  to  the  debates  and  the  experiments  of  men. 


':•  ■  ' 


ii:W: 


.'  i  'i ' 


390 


DEMOCRACY    IN   AMERICA. 


:tr' 


% 


Tlius  the  human  mind  is  never  left  to  wander  over  a 
boundless  field;  and,  whatever  may  be  its  pretensions,  it 
is  checked  from  time  to  time  by  barriers  whi(;li  it  can- 
not surmount.  Before  it  can  innovate,  certain  primary 
princi])les  are  laid  down,  and  the  boldest  conceptions  are 
subjected  to  certain  forms  Avliich  retard  and  stop  their 
conipleti(jn. 

The  imaiiination  of  the  Americans,  even  in  its  o;reatest 
filo'hts,  is  circumspect  and  undecided ;  its  impulses  are 
checked,  and  its  works  unfinished.  These  habits  of  re- 
straint recur  in  political  society,  and  are  singularly  favora- 
ble both  to  the  tranquillity  of  the  people  and  the  durability 
of  the  institutions  they  have  established.  Nature  and  cir- 
(;umstances  have  made  the  inhabitants  of  the  United  States 
bold,  as  is  sufficiently  attested  by  the  enterprising  spirit 
with  which  they  seek  for  fortune.  If  the  mind  of  the 
Americans  were  fi'ee  from  all  trammels,  they  would  shortly 
become  the  most  daring  innovators  and  the  most  persistent 
disputants  in  the  world.  But  the  revolutionists  of  Amer- 
ica are  obliged  to  profess  an  ostensible  respect  for  Christian 
morality  and  equity,  which  does  not  permit  them  to  violate 
wantonly  the  laws  that  oppose  their  designs ;  nor  woulr. 
they  find  it  easy  to  surmount  the  scruples  of  their  ])arti- 
sans,  even  if  they  were  able  to  get  over  their  own.  Hith- 
erto, no  one  in  the  United  States  has  dared  to  advance  the 
maxim  that  everything  is  permissible  for  the  interests  of 
society,  —  an  impious  adage,  wliich  seems  to  have  been 
invented  in  an  aoe  of  freedom  to  shelter  all  future  tyrants. 
Thus,  whilst  the  law  permits  the  Americans  to  do  what 
they  please,  religion  prevents  them  from  conceiving,  and 
forbids  them  to  commit,  what  is  rash  or  unjust. 

Religion  in  America  takes  no  direct  part  in  the  govern- 
ment of  society,  but  it  must  be  regarded  as  the  first  of 
their  political  institutions  ;  for  if  it  does  not  impart  a  taste 
for  freedom,  it  facilitates  the  use  of  it.     Indeed,  it  is  in 


CAUSES  WHICH   TEND   TO  MAINTAIN   DEMOCRACY.       391 

this  same  pi)iiit  of  view  that  the  inliahitants  of  the  United 
States  themselves  look  upon  religious  belief.  I  do  not 
know  whether  all  the  Amerieans  have  a  sincere  faith  in 
tlieir  relin-ion,  —  for  who  can  search  the  human  heart?  — 
hut  T  am  certain  that  they  hold  it  to  be  indispensable  to 
the  maintenance  of  republican  institutions.  This  opinion 
is  not  peculiar  to  a  class  of  citizens,  or  to  a  party,  but  it 
belongs  to  the  whole  nation,  and  to  every  rank  of  society. 

In  the  United  States,  if  a  politician  attacks  a  sect,  this 
may  not  prevent  the  partisans  of  that  very  sect  from  sup- 
porting him  ;  but  if  he  attacks  all  the  sects  together,  every 
one  abandons  him,  and  he  remains  alone. 

AVhilst  I  was  in  America,  a  witness,  wlioliappened  to  be 
called  at  the  Sessions  of  the  county  of  Chester  (State  of 
New  York),  decUired  that  he  did  not  beheve  in  the  exist- 
ence of  God,  or  in  the  hnmortahty  of  the  soul.  The  judge 
refused  to  admit  his  evidence,  on  tlie  o-round  that  the  wit- 
ness  had  destroyed  beforehand  all  the  confidence  of  the 
court  in  what  ho  was  about  to  say.*  The  newspapers 
related  the  fact  without  any  further  comment. 

*  The  New  York  Spectator  of  August  2,3,  1831,  relates  the  fact  in  the 
following  terms :  "  The  Court  of  Common  Pleas  of  Chester  County  (New 
York)  a  few  days  since  rejected  a  witness  who  declared  his  disl)elief  in  the 
existence  of  God.  Tlie  presiding  judge  remarked,  that  he  had  not  before 
been  aware  that  there  was  a  man  living  who  did  not  believe  in  the  existence 
of  God  ;  that  this  belief  constituted  the  sanction  of  all  testimony  in  a  court 
of  justice  ;  and  tliat  he  knew  of  no  cause  in  a  Christian  country  where  a 
witness  had  been  permitted  to  testify  without  such  belief." 

[The  exclusion  of  the  testimony  of  atheists  is  not  a  peculiarity  of  Amer- 
ican jurisprudence,  but  is  a  principle  of  the  English  Conmion  Law,  which 
is  still  enforced  in  England  as  well  as  in  this  country.  It  is  not  upheld  as 
a  Tnavk  of  respect  for  the  Christian  religion,  or  because  an  atheist  is  unwor- 
thy of  belief,  but  because  no  man  is  allowed  to  testify  in  a  court  of  justice 
except  he  is  under  oath,  and  an  oath  has  no  meaning,  because  it  has  no 
sanction,  in  the  mouth  of  one  who  does  not  believe  in  a  just  God  and  a 
future  retribution.  The  atheist  is  excluded,  therefore,  not  because  he  does 
not  believe  what  others  believe,  but  because  he  cannot  be  sworn. — Am.  Ed.] 


ili 


f  1  ci 

Vi  ; 


'iiLilMjll 


f, 


;i      I- 


■)  i 


r 


392 


DE.MUCKACY   IN   A.MKKICA. 


The  Americans  combine  the  notions  of  Christianity  and 
of  hberty  so  intimately  in  tlieir  minds,  that  it  is  impossible 
to  make  them  conceive  the  one  without  the  other ;  and 
with  them,  this  conviction  does  not  spring  from  that  bar- 
ren, traditionary  faith  which  seems  to  vegetate  rather  than 
to  live  in  the  soul. 

I  have  known  of  societies  formed  by  tlie  Americans  to 
send  out  ministers  of  the  Gospel  into  the  new  Western 
States,  to  found  schools  and  churches  there,  lest  religion 
should  be  suffered  to  die  away  in  those  remote  settlements, 
and  the  rising  States  be  less  fitted  to  enjoy  free  histitutions 
than  the  people  from  whom  they  came.  I  met  with  w^eal- 
thy  New-Englanders  who  abandoned  the  country  in  which 
they  were  born,  in  order  to  lay  the  foundations  of  Chris- 
tianity and  of  freedom  on  the  banks  of  the  Missouri,  or  in 
the  prairies  of  Illinois.  Thus  religious  zeal  is  perpetually 
warmed  in  the  United  States  by  the  fires  of  patriotism. 
These  men  do  not  act  exclusively  from  a  consideration  of  a 
future  life ;  eternity  is  only  one  motive  of  their  devotion 
to  the  cause.  If  you  converse  with  these  missionaries  of 
Christian  civilization,  you  will  be  surprised  to  hear  them 
speak  so  often  of  the  goods  of  this  world,  and  to  meet  a 
politician  where  you  expected  to  find  a  priest.  They  w  ill 
tell  you,  that  "  all  the  American  republics  are  collectively 
involved  with  each  other ;  if  the  republics  of  the  West 
were  to  fall  into  anarchy,  or  to  be  mastered  by  a  despot, 
the  republican  institutions  which  now  flourish  upon  the 
shores  of  the  Atlantic  Ocean  would  be  in  great  peril.  It 
is  therefore  our  interest  that  the  new  States  should  be  re- 
ligious, in  order  that  they  may  permit  us  to  remain  free." 

Such  are  the  opinions  of  the  Americans :  and  if  any 
hold  that  the  religious  spirit  which  I  admire  is  the  very 
thing  most  amiss  in  America,  and  that  the  only  element 
wanting  to  the  freedom  and  happiness  of  the  human  race 
on  the  other  side  of  the  ocean  is  to  beheve  with  Spinoza  in 


CAUSES    WHICH    TKXD   TO    MAINTAIN    DEMOCRACY.       893 

the  eternity  of  the  Avorkl,  or  with  Cabiinis  thut  thouglit  is 
secreted  by  the  bruin,  I  can  only  re])ly,  that  those  who 
hold  this  language  have  never  been  in  iVmerica,  and  that 
they  have  never  seen  a  religions  or  a  free  nation.  When 
they  return  from  a  visit  to  that  country,  we  shall  hear  what 
they  have  to  say. 

There  are  persons  in  France  who  look  uj)on  republican 
institutions  only  as  a  means  of  obtaining  grandeur  ;  they 
measure  the  immense  space  which  separates  their  vices 
and  misery  from  power  and  riches,  and  they  aim  to  fill  up 
this  gulf  with  ruins,  that  they  may  pass  over  it.  These 
men  are  the  cotuhttieri  of  liberty,  and  fight  for  their  own 
advantage,  whatever  be  the  colors  they  wear.  The  re- 
public will  stand  long  enough,  they  think,  to  draw  them 
up  out  of  tlieir  present  degradation.  It  is  not  to  these  that 
I  address  myself.  But  there  are  others  who  look  forward 
to  a  republican  form  of  government  as  a  tranquil  and  last- 
ing state,  towards  which  modern  society  is  daily  impelled 
by  the  ideas  and  manners  of  the  time,  and  who  sincerely 
desire  to  prepare  men  to  be  free.  When  these  men  attack 
religious  opinions,  they  obey  the  dictates  of  their  passions, 
and  not  of  their  interests.  Despotism  may  govern  without 
faith,  but  liberty  cannot.  Religion  is  much  more  necessary 
in  the  republic  which  they  set  forth  in  glowing  colors,  than 
in  the  monarchy  which  they  attack ;  it  is  more  needed  in 
democratic  republics  than  in  any  others.  How  is  it  possible 
that  society  should  escape  destruction,  if  the  moral  tie  be 
not  strengthened  in  proportion  as  the  political  tie  is  re- 
laxed ?  and  what  can  be  done  with  a  people  who  are  their 
own  masters,  if  they  be  not  submissive  to  the  Deity  ? 


^;ri 


m 


17* 


894 


DEMOCRACY  IN   AMERICA. 


PRINCIPAL     CAUSES     WHICH     RENDER 

IN    AMERICA. 


REIJGION     POWERFUL 


ii 


Care  taken  by  tlie  Americans  to  separate  tho  Cliureli  from  the  State.  —  The 
Laws,  Public  Opiuion,  and  even  tiic  Exertions  of  tlic  Clergy,  concur  to 
promote  tliis  End.  —  Influence  of  Religion  upon  the  ^lind  in  the  United 
States  attributable  to  this  Cause.  —  Reason  of  this.  —  What  is  the  Nat- 
ural State  of  Men  with  regard  to  Religion  at  the  Present  Time.  —  Wiiat 
arc  the  Peculiar  and  Incidental  Causes  wliich  prevent  Men,  in  certain 
Countries,  from  arriving  at  this  State. 

The  pliilosophers  of  the  eigliteenth  century  explained  in 
a  very  sini})le  manner  the  gradual  decay  of  religious  faith. 
Keligious  zeal,  said  they,  must  necessarily  fail  the  more 
generally  liberty  is  established  and  knowledge  diffused. 
Unfortunately,  the  facts  by  no  means  accord  with  their 
theory.  There  are  certain  populations  in  Europe  whose 
unbelief  is  only  equalled  by  then'  ignorance  and  debase- 
ment ;  whilst  in  America,  one  of  the  freest  and  most 
enlightened  nations  in  the  world  fulfil  with  fervor  all  the 
outward  duties  of  religion. 

On  my  arrival  in  the  United  States,  the  religious  aspect 
of  the  country  was  the  first  thing  that  struck  my  attention ; 
and  the  lo;  ger  I  stayed  there,  the  more  I  perceived  the 
great  political  consequences  resulting  from  this  new  state 
of  things.  In  France,  I  had  almost  always  seen  the  spirit 
of  religion  and  the  spirit  of  freedom  marching  in  opposite 
directions.  But  in  America,  I  found  they  were  intimately 
united,  and  that  they  reigned  in  common  over  the  same 
country.  My  desire  to  discover  the  causes  of  this  phe 
nomenon  increased  from  day  to  day.  In  order  to  satisfy 
it,  I  questioned  the  members  of  all  the  different  sects ;  I 
sought  especially  the  society  of  the  clergy,  who  are  the 
depositaries  of  the  different  creeds,  and  are  especially  in- 
terested in  their  duration.  As  a  member  of  the  Roman 
Catholic   Church,  I  was  more   particularly  brought  into 


OWERFUL 


CAUSKS   WHICH   TEND   TO   MAINTAIN   DEMOCRACY.       39o 

contact  with  several  of  its  priests,  witli  whom  I  became 
Ultimately  acquainted.  To  each  of  these  men  I  expressed 
my  astonishment  and  ex])lained  my  doubts  :  I  found  that 
they  differed  upon  matters  of  detail  ahme,  and  that  they  all 
attributed  the  peaceful  dominion  of  religion  in  their  coun- 
try mainly  to  the  se[)aration  of  church  and  state.  I  do  not 
hesitate  to  affirm,  that,  during  my  stay  in  America,  1  did 
not  meet  a  single  individual,  of  the  clergy  or  the  laity,  who 
was  not  of  the  same  opinion  upon  this  point. 

This  led  me  to  examine  more  attentively  than  I  had 
hitherto  done  the  station  which  the  American  clergy  oc- 
cupy in  political  society.  I  learned  with  sur})rise  that  they 
filled  no  public  aj)pointnients  ;  *  I  did  not  see  one  of  them 
in  the  administration,  and  they  are  not  even  represented  in 
the  legislative  assemblies.!  In  several  States,^  the  law 
excludes  them  from  political  life,  ])ublic  opinion  in  all. 
And  when  I  came  to  inquire  into  the  prevailing  spirit  of 
the  clero;v,  I  found  that  most  of  its  members  seemed  to 
retire  of  their  own  accord  from  the  exercise  of  power,  and 
that  they  made  it  the  pride  of  their  profession  to  abstain 
from  politics. 

*  Uiilcss  this  term  be  applied  to  the  functions  which  many  of  them  fill  in 
the  schools.  Almost  all  education  is  intrusted  to  the  clergy.  [This  is  tuo 
sweeping.  Clergymen  often  serve  upon  school  committees,  or  fill  professor- 
ships in  colleges,  as  tlicy  frecjuently  do  in  Europe.  But  they  arc  not  so 
numerous  as  the  laity  iii  cither  of  these  offices.  —  Am.  Ed.] 

+  They  are  not  represented  as  such.  But  they  are  often  elected  to  repre- 
sent their  townships,  or  even  their  States  in  Congress.  —  Am.  Ed. 

t  See  the  "  Constitution  of  New  York,"  Art.  VII.  §  4  :  — 

"  And  whereas  the  ministers  of  the  Gospel  are,  by  their  profession,  dedi- 
cated to  the  service  of  God  and  the  care  of  souls,  and  ought  not  to  be  di- 
verted from  the  great  duties  of  their  functions ;  therefore  no  minister  of  the 
Gospel,  or  priest  of  any  denomination  whatsoever,  shall  at  any  time  here- 
after, under  any  pretence  or  description  whatever,  be  eligible  to,  or  capable 
of  holding,  any  civil  or  military  office  or  place  within  this  State." 

Sec  also  tlic  Constitutions  of  North  Carolina,  Art.  XXXI.  ;  Virginia  ; 
South  Carolina,  Art.  I.  §  2.3  ;  Kentucky,  Art.  II.  §  26 ;  Tennessee,  Art. 
Vm.  §  1 ;  Louisiana,  Art.  II.  §  22. 


IS ' 


m  f 

iiiil 
flip 


'  1 3 


I 

1 

ill 


p 

' 

K 

\h 

1; 

j 

■L_L  ' 

J:! 

Hni 

I,,  i 


ct:;- 


!  ■  i-1 


396 


DEMOCRACA'   IN    AMKRICA. 


I  hoard  them  invoiiili  against  am])iti()ii  and  deceit,  under 
whatever  })oliti('al  oj)inions  tliese  vices  miglit  cliafice  to 
lurk  ;  but  I  learned  from  tlieir  discourses  that  men  are 
not  guilty  in  tlie  eye  of  God  for  any  opinions  concerning 
political  governmcMit  which  they  may  profess  with  sincer- 
ity, any  more  than  they  are  for  their  mistakes  in  builvimg 
a  house,  or  in  driving  a  furrow.  I  perceived  that  these 
ministers  of  the  Gospel  eschewed  all  parties,  with  the  anxi- 
ety attendant  upon  ])ersonal  interest.  These  facts  con- 
vinced me  that  what  I  had  been  told  was  true ;  and  it  then 
became  my  object  to  investigate  their  causes,  and  to  intpiiro 
how  it  ha])pened  that  the  real  authority  of  religion  was 
increased  by  a  state  of  things  which  diminished  its  aj)par- 
ent  force :  these  causes  did  not  long  escape  my  researches. 

The  short  space  of  threescore  years  can  never  content 
the  imagination  of  man  ;  nor  can  the  imperfect  joys  of  this 
world  satisfy  his  heart.  Man  alone,  of  all  created  beings, 
displays  a  natural  contempt  of  existence,  and  yet  a  bound- 
less desire  to  exist ;  he  scorns  life,  but  he  dreads  annihila- 
tion. These  ditferent  feelings  incessantly  urge  his  soul  to 
the  contemplation  of  a  future  state,  and  religion  directs  his 
musings  thither.  Religion,  then,  is  simply  another  form 
of  hope ;  and  it  is  no  less  natural  to  the  human  heart  than 
hope  itself.  Men  cannot  abandon  their  religious  faitli 
without  a  kind  of  aberration  of  intellect,  and  a  sort  of  ^  io- 
lent  distortion  of  their  true  nature  ;  they  arc  invincibly 
brought  back  to  more  pious  sentiments.  Unbelief  is  nn 
accident,  and  faith  is  the  only  permanent  state  of  mankind. 
If  we  consider  religious  institutions  merely  in  a  human 
point  of  view,  they  may  be  said  to  derive  an  inexhaustible 
element  of  strength  from  man  himself,  since  they  belong  lo 
one  of  the  constituent  principles  of  human  nature. 

I  am  aware  that,  at  certain  times,  religion  may  strengthen 
this  influence,  which  originates  in  itself,  by  the  artificial 
power  of  the  laws,  and  by  the  support  of  those  teinj»oral 


CAUSKS    WHICH    TF.NI)    TO    MAINIAIN    DF-MOCnACY.       o'JT 

institutions  wliifli  cliroct  society.  Ki-liiiions  intimately 
united  with  tlie  ixovernments  of  tlie  eartli  liave  heeii 
known  to  exercise  sovereinn  power  founded  on  terror  and 
faitli  ;  but  wlien  a  religion  contracts  an  alliance  of  this 
nature,  I  do  not  hesitate  to  affirm  that  it  connnits  the  same 
error  as  a  man  who  sliould  sacrifice  his  future  to  his  pres- 
ent welfare  ;  and  in  ol)tainino;  a  })ower  to  whicli  it  has  no 
claim,  it  risks  that  authority  wliich  is  rightfully  its  own. 
"When  a  religion  founds  its  em])ire  only  u])on  tlie  desire  of 
immortality  which  lives  in  every  human  heart,  it  may 
aspire  to  universal  dominion  ;  but  when  it  coiuiects  itself 
witli  a  o()vernment,  it  must  ado])t  maxims  whicli  are  appli- 
cable only  to  certain  nations.  Thus,  in  forming  an  alliance 
with  a  political  power,  religion  augments  its  authority  over 
a  few,  and  forfeits  the  hope  of  reigning  over  all. 

As  long  as  a  religion  rests  only  upon  those  sentiments 
whicli  are  the  consolation  of  all  affliction,  it  may  attract 
the  affections  of  all  mankind.  But  if  it  be  mixed  up  with 
fl  ^  bittei  passions  of  the  Avorld,  it  may  be  constrained  to 
defend  allies  whom  its  interests,  and  not  the  princi})le  of 
love,  have  given  to  it ;  or  to  repel  as  antagonists  men  who 
are  still  attached  to  it,  however  opposed  they  may  be  to  the 
powers  with  which  it  is  allied.  The  church  cannot  share 
the  temporal  power  of  the  state,  without  being  the  object 
of  a  portion  of  that  animosity  which  the  latter  excites. 

The  political  powers  which  seem  to  be  most  firmly  estab- 
lished have  frequently  no  better  guaranty  for  their  duration 
than  the  opinions  of  a  generation,  the  interests  of  the  time, 
or  the  life  of  an  individual.  A  law  may  modify  the  social 
condition  which  seems  to  be  most  fixed  and  determinate  ; 
and  with  the  social  condition,  everything  else  must  chanire. 
The  powers  of  society  are  more  or  less  fugitive,  like  the 
years  which  we  spend  upon  earth  ;  they  succeed  each 
other  with  rapidity,  like  the  fleeting  cares  of  life ;  and  no 
government  has  ever  yet  been  founded  upon  an  invariable 


-r 


M  '^ 


398 


DKMOCIiACY   IN   AMKItlCA. 


'1!t 


i 


t^~..'' 


!i:P  I 


tu 


disposition  of  tlic  liumaii  heart,  or'  upon  an  imperishable 
interest. 

As  lonrr  as  a  reh'gion  is  sustained  by  those  feehno;s,  pro- 
pensities, and  passions  which  are  found  to  occur  vmder  tlie 
same  forms  at  all  periods  of  history,  it  may  defy  the  efforts 
of  time  ;  or,  at  least,  it  can  be  destroyed  only  by  another 
relio;ion.  But  when  reliixion  clino:s  to  the  interests  of  the 
world,  it  becomes  almost  as  fragile  a  thing  as  the  powers 
of  enrth.  It  is  the  only  one  of  them  all  which  can  ho])e 
for  immortality  ;  but  if  it  be  connected  with  their  ephem- 
eral power,  it  shares  their  fortunes,  and  may  fall  with  those 
transient  passions  which  alone  supported  them.  The  alli- 
ance which  religion  contracts  with  political  powers  must 
needs  be  onerous  to  itself,  since  it  does  not  require  their 
assistance  to  live,  and  by  giving  them  its  assistance  it  may 
be  exposed  to  decay. 

The  danger  which  I  have  just  pointed  out  always  exists, 
but  it  is  not  always  equally  visible.  In  some  ages,  govern- 
ments seem  to  be  imperishable ;  in  others,  the  existence  of 
society  appears  to  be  more  precarious  than  the  life  of  man. 
Some  constitutions  plunge  the  citizens  into  a  lethargic  som- 
nolence, and  others  rouse  them  to  feverish  excitement. 
When  governments  seem  so  strong,  and  laws  so  stable, 
men  do  not  perceive  the  dangers  which  may  accrue  from  a 
union  of  church  and  state.  When  governments  appear 
weak,  and  laws  inconstant,  the  danger  is  self-evident,  but 
it  is  no  longer  possible  to  avoid  it.  We  must  therefore 
learn  how  to  perceive  it  from  afar. 

In  proportion  as  a  nation  assumes  a  democratic  condition 
of  society,  and  as  communities  display  democratic  propen- 
sities, it  becomes  more  and  more  dangerous  to  connect 
religion  with  political  institutions ;  for  the  time  is  coming 
when  authority  vv^ill  be  bandied  from  hand  to  hand,  when 
political  theories  Avill  succeed  each  other,  and  when  men, 
laws,  and  constitutions  will  disappear  or  be  modified  from 


CAUSES    WHICH   TKNl)    TO    MAINTAIN    DKMOCRACV. 


noo 


day  to  (lay,  and  tliis  not  for  a  sca'ion  only,  Imt  nnr'(>asino;ly. 
Agitation  and  miitahility  are  inlieront  in  tlu'  natnro  of 
doniorratic,  roi)ul)li('s,  just  as  stagnation  and  sleepinoss  are 
the  law  of  absolute  monarcliies. 

If  the  Americans,  who  clianiie  the  head  of  the  <xovern- 
ment  once  in  four  years,  who  elect  new  legislators  eveiy 
two    years,   and    renew    the    State    officers    everv   twelve- 

t'  A. 

month,  —  if  the  Americans,  who  have  given  up  the  pohtical 
world  to  the  attempts  of  innovators,  had  not  j)]a('ed  relig- 
ion beyond  their  reach,  where  could  it  take  firm  hold  in 
the  ebb  and  flow  of  human  opinions  ?  where  would  be  that 
respect  which  belongs  to  it,  amidst  the  struggles  of  fac- 
tion ?  and  what  would  become  of  its  immortality,  in  the 
midst  of  universal  decay  ?  The  American  clergy  were  the 
first  to  perceive  this  truth,  and  to  act  in  conformity  with  it. 
They  saw  that  they  must  renounce  their  religious  influence, 
if  they  were  to  strive  for  political  power ;  and  they  chose 
to  give  up  the  support  of  the  state,  rather  than  to  share  its 
vicissitudes. 

In  America,  religion  is  perhaps  less  powerfiil  than  it  has 
been  at  certain  periods  and  among  certain  nations  ;  but  its 
influence  is  more  lasting.  It  restricts  itself  to  its  own 
resources,  but  of  these  none  can  deprive  it :  its  circle  is 
limited,  but  it  pervades  it  and  holds  it  under  undisputed 
control. 

On  every  side  in  Europe,  we  hear  voices  complaining  of 
the  absence  of  religious  faith,  and  inquiring  the  means  of 
restoring  to  religion  some  remnant  of  its  former  authority. 
It  seems  to  me  that  we  must  first  attentively  consider  what 
ought  to  be  the  natural  state  of  men,  with  regard  to  relig- 
ion, at  the  present  time ;  and  when  vre  know  what  we 
have  to  hope  and  to  fear,  we  may  discern  the  end  to  which 
our  efforts  ought  to  be  directed. 

The  two  great  dangers  which  threaten  the  existence  of 
religion  are  schism  and  indifference.     In  ages  of  fervent 


t   ': 


J). 


it;  ^if 


m 


M:J 


400 


DKMOCHACY   IX   AMKKICA. 


iii  : 


devotion,  men  somotlmcs  abandon  tlicir  rdii^ion,  l)ut  tlicy 
only  shako  one  aW  in  ovdvv  to  ado[)t  another.  Their  tliith 
changes  its  ohiects,  but  sufft'rs  no  decline.  The  old  reliy;- 
ion  then  excites  enthusiastic  attachment  or  bitter  enmity 
in  either  party;  some  leave  it  with  an^-cr,  others  cling  to  it 
with  increased  devotedness,  and  although  persuasions  dif- 
fer, irreligion  is  unknown.  Such,  however,  is  not  the  case 
when  a  religious  belief  is  secretly  undermined  by  doctrines 
which  may  be  termed  negative,  since  they  deny  the  truth 
of  one  religion  without  alKrming  that  of  any  other.  Pro- 
digious revolutions  then  take  place  in  the  human  mind, 
■without  the  ai)parent  co-o])eration  of  the  passions  of  man, 
and  almost  without  his  knowledge.  Men  lose  the  objects 
of  their  fondest  hopes,  as  if  through  forgetfulness.  They 
are  carried  away  by  an  imperceptible  current,  Avhich  they 
have  not  the  courage  to  stem,  but  which  they  follow  with 
regret,  since  it  boars  them  away  from  a  faith  they  love,  to 
a  scepticism  that  plunges  them  into  despair. 

In  ages  A\b::'h  answer  to  this  description,  men  desert 
their  religious  opinions  from  lukewarmnoss  rather  than 
from  dislike  ;  they  are  not  rejected,  but  they  fall  away. 
But  if  the  unbeliever  does  not  admit  religion  to  be  true,  ho 
still  considers  it  useful.  Regarding  religious  institutions 
in  a  human  point  of  view,  he  acknowledges  their  influence 
upon  manners  and  legislation.  He  admits  that  they  may 
serve  to  make  men  live  in  peace,  and  prepare  them  gently 
for  the  hour  of  death.  He  regrets  the  faith  which  he  has 
lost ;  and  as  he  is  deprived  of  a  treasure  of  which  he  knows 
the  value,  he  fears  to  take  it  away  from  those  who  still 
possess  it. 

On  the  other  hand,  those  who  continue  to  believe  are 
not  afraid  openly  to  avow  their  faith.  They  look  upon 
those  who  do  not  share  their  persuasion  as  more  worthy 
of  pity  than  of  opposition  ;  and  they  are  aware,  that,  to 
acquire  the  esteem  of  the  unbelieving,  they  are  not  obliged 


CAUSES   wmcii  ti:ni)  TU   MAINIAIN   DKMOCIJAL'V, 


401 


leve  are 


to  follow  tlu'ir  C'XiimpK'.  Tlicy  are  not  lio>tilt',  tlicii,  to  any 
one  ill  till'  world;  and  us  tlicy  do  not  consider  tin*  society 
in  which  they  live  as  an  arena  in  which  religion  is  honnd 
to  face  its  tlionsand  deadly  foes,  they  love  their  contem- 
poraries, whilst  they  condemn  their  weaknesses  and  la- 
ment their  ei-rors. 

As  tliose  who  do  not  believe  conceal  tlu'ir  incredulity, 
and  as  those  who  believe  display  their  fiiith,  public  opinion 
j)ronounces  itself  in  favor  of  reliuion  :  love,  support,  and 
liouor  are  bestowed  upon  it,  and  it  is  oidy  by  searchiiii;'  the 
human  soul  that  we  can  detect  the  wounds  which  it  has 
received.  The  mass  of  mankind,  wlio  are  ne\t'r  without 
the  feelint^  of  religion,  do  not  })erceive  anything-  at  variance 
with  the  established  liiith.  Tiie  instinctive  desire  of  a 
future  life  brings  the  crowd  about  the  altar,  and  opens  the 
hearts  of  men  to  the  precepts  and  consolations  of  religion. 

Bv.t  this  picture  is  not  a[)})licable  to  us  ;  for  there  are 
men  amongst  us  who  have  ceased  to  believe  in  Christianity, 
without  adopting  any  other  religion ;  others  are  in  the 
perplexities  of  doubt,  and  already  affect  not  to  believe ; 
and  others,  again,  arc  afraid  to  avow  that  Christian  faith 
which  they  still  cherish  in  secret. 

Amidst  these  lukewarm  partisans  and  ardent  antagonists, 
a  small  number  of  believers  exists,  who  are  ready  to  brave 
all  obstacles,  and  to  scorn  all  dangers,  in  defence  of  their 
faith.  They  have  done  violence  to  human  weakness,  in 
order  to  rise  superior  to  public  opinion.  Excited  by  the 
effort  they  have  made,  they  scarcely  know  where  to  stop  ; 
and  as  they  know  that  the  first  use  which  the  French  made 
of  independence  w^as  to  attack  religion,  they  look  upon 
their  contemporaries  with  dread,  and  recoil  in  alarm  from 
the  liberty  which  their  fellow-citizens  are  seeking  to  obtain. 
As  unbelief  appears  to  them  to  be  a  novelty,  they  comprise 
all  that  is  new  in  one  indiscriminate  animosity.  They  are 
at  war  with  their  age  and  country,  and  they  look  upon 


:;i   Wv 


MW 


40: 


DKMOUUACY   IN   AMKKICA. 


I      ( 


I  ' 


evory  opinion  wliicli  is  put  fortli  tlit're  as  the  nefossuiy 
I'Mt'iny  of  faitli. 

Sucli  is  not  the  natural  state  of  men  witli  ivjiard  to  re- 
]'\i^uu\  at  tlie  [)resent  day ;  and  some  extraordinary  or  inci- 
dental cause  nnist  he  at  work  in  France,  to  prevent  the 
human  mind  from  foUowin*;-  its  natural  inclination,  and 
drive  it  heyond  the  limits  at  which  it  ought  naturally  to 
sto]». 

1  am  I'ully  convinced  that  this  extraoi'dinary  and  inci- 
dental cause  is  the  close  connection  of  politics  and  religion. 
The  uidjelievers  of  Euroi)e  attack  the  (Christians  as  their 
political  opj)()nents,  rather  than  as  their  religious  adversa- 
ries ;  they  hate  the  Christian  religion  as  the  opinion  of 
a  i)arty,  much  more  than  as  an  error  of  belief;  and  they 
]\'ject  the  clergy  less  because  they  are  the  representatives 
of  the  Deity,  than  because  they  arc  the  allies  of  govern- 
ment. 

In  Europe,  Christianity  has  been  intimately  united  to 
the  powers  of  the  earth.  Those  powers  are  now  in  decay, 
and  it  is,  as  it  were,  buried  under  their  ruins.  The  living 
body  of  religion  has  been  bound  down  to  the  dead  corpse 
of  superannuated  polity ;  cut  but  the  bonds  which  restrain 
it,  and  it  will  rise  once  more.  I  know  not  what  could  re- 
store the  Christian  Church  of  Europe  to  the  energy  of  its 
earlier  days  ;  that  power  belongs  to  God  alone  ;  but  it  may 
be  for  human  policy  to  leave  to  faith  the  full  exercise  of 
the  strength  which  it  still  retains. 


CAUSES  WHICH  tkxd  to  maintain  m:.M(>ci{acy.     408 


HOW  Tin;  F.nrcsTioN,  'iiir.  iiAiUTrt,  and  tin;  1'ua(ti(;al 
i;xim;uii;n(k  of  tiik  amkkk'ans  pkomotk  tiik  auccKss 

OF    TIIFIU    DFMOCRATIC    INriTITUTIONd. 

What  is  to  i»o  lUKltTHtood  liy  tlui  KiliKiUion  (if  tlio  Aiiicrican  IVoplc.  —  Tlio 
Iluiniiii  ISIiml  inoro  .siipiTticially  iiiHtnictL'tl  in  tli<-  IJiiitcMl  States  than  ia 
Kuropc.  —  No  one  cuniiilt'tfiy  uniiihtnittud.  —  Hnisnii  of  this.  —  Hapid- 
ity  with  which  Opinions  art;  ditVuscd  I'vun  in  tiic  half-cultivated  .Staled 
of  the  West.  —  Tractical  Kxpericncc  more  scrviceuidc  to  the  Americana 
tiian  nnok-Leari\in;;. 

I  havf:  but  littler  to  add  to  wliat  I  liuve  alivady  said,  coii- 
(•erniiiif  the  iiiHiu'iico  which  tlic  instruction  and  tlie  habits 
of  tlic  Americtins  exercise  u[)on  the  niaintenan{;e  of  their 
political  institutions. 

Americii  hits  hitherto  produced  very  tew  writers  of  dis- 
tinction ;  it  possesses  no  ^reat  liistorians,  anil  not  a  sinj^lo 
eminent  poet.*  The  inhabitii  is  of  that  coinitry  look  uj)on 
literature  proi)erly  so  called  with  a  kind  of  disa))i)robation  ; 
and  there  are  towns  of  second-rate  importance  in  Eurojie, 
in  which  more  litertuy  works  are  anniudly  published  than 
in  the  twenty-four  States  of  the  Union  put  tooether.f 
Tlie  spirit  of  the  Americans  is  averse  to  general  ideas ;  it 

*  This  statement  was  rather  too  sweeping;  even  in  18.3.3,  wFTcn  M.  do 
Tocqueville  wrote.  But  now,  when  tlic  list  of  our  historians  contains  the 
names  of  Prcscott,  Sparks,  Bancroft,  Motley,  I'alfrey,  and  Ilildreth,  and 
that  of  our  poets  includes  those  of  Lonj;fellow,  Bryant,  Dana,  Spraj^ue, 
Lowell,  and  a  crowd  of  others,  our  author's  remark  is  only  curious  as 
evincing  the  suddenness  and  rapidity  with  which  literary  talent  has  hecn 
developed  in  the  United  States.  —  Am.  Ed. 

t  It  is  not  too  much  to  say,  tliat  as  many  books  arc  now  annually  printed 
and  sold  in  the  United  States  as  in  England.  Certainly,  what  is  now  called 
"  the  reading  public  "  is  larger  in  America,  in  proportion  to  the  jjopulation, 
than  in  any  other  country  in  the  world.  This  is  a  conse(iuence  partly  of 
the  wide  diffusion  of  education,  wliich  enables  so  many  to  read  books,  and 
partly  of  the  general  prosperity  of  the  people,  which  enables  still  more  to 
buy  them.  Literary  pursuits  arc  also  held  in  high  honor  in  society ;  a  suc- 
cessful author  is  second  to  no  one  in  estimation  with  the  upper  classes,  or  ia 
favor  with  the  common  people.  —  Am.  Ed. 


Ill  11 


■    i 


404 


DEMOCRACY  IN  A^IERICA. 


docs  not  seek  tlicoretical  discoveries.  Neither  politics  nor 
manufactures  direct  tliem  to  such  speculations ;  and  al- 
though new  laws  are  per[)etually  enacted  in  the  United 
States,  no  great  writers  there  have  hitherto  inquired  into 
the  general  principles  of  legislation.  The  Americans  have 
lawyers  and  commentators,  but  no  jurists ;  and  they  fur- 
nish examples  rather  than  lessons  to  the  world.  The  same 
observation  applies  to  the  mechanical  arts.  In  Am.erica, 
the  inventions  of  Europe  are  adopted  with  sagacity  ;  they 
are  perfected,  and  adaj)ted  with  admirable  skill  to  the 
wants  of  the  country.  Manufactures  exist,  but  the  science 
of  manufacture  is  not  cultivated ;  and  they  have  good 
workmen,  but  very  few  inventors.*  Fulton  was  obliged 
to  proffer  his  services  to  foreign  nations  for  a  long  time, 
before  he  was  able  to  devote  them  to  his  own  country. 

The  observer  who  is  desirous  of  forming  an  opinion  on 
the  state  of  instruction  amoufjst  the  Anolo-Americans  must 
consider  the  same  object  from  two  diflt'erent  points  of  view. 
If  he  singles  out  only  the  learned,  he  will  be  astonished  to 
find  how  few  they  are ;  but  if  he  counts  the  ignorant,  the 
American  people  will  appear  to  be  the  most  enlightened  in 
the  world.  The  whole  population,  as  I  observed  in  another 
place,  is  situated  between  these  two  extremes. 

In  New  England,  every  citizen  receives  the  elementary 
notions  of  human  knowledge  ;  he  is  taught,  moreover,  the 
doctrines  and  the  evidences  of  his  religion,  the  history  of 
his  country,  and  the  leading  features  of  its  Constitution. 
In  the  States  of  Connecticut  and  Massachusetts,  it  is  ex- 
tremely rare  to  find  a  man  imperfectly  acquainted  with 
all  these  things,  and  a  person  wholly  ignorant  of  them  is 
a  sort  of  phenomenon. 

*  This  assertion  is  the  very  reverse  of  the  truth.  In  no  country  in  the 
world,  during  the  hist  tifty  years,  lias  inventive  industry  becu  so  far  devel- 
oped or  so  successful  as  in  America.  Europe  copies  and  adopts  American 
inventions,  but  furnishes  very  '"•jw  comparatively  in  return  — Am.  Ed. 


CAUSES   WHICH   TEND   TO   MAINTAIN    DEMOCRACY. 


105 


When  I  ('oin]>aro  the  Greek  ami  Roman  repuhhcs  wltli 
these  American  States  ;  tlie  manuscript  lihraries  of  the 
former,  and  tlieir  rude  popuhition,  witli  the  imunnerahle 
journals  and  the  enh<j;litened  people  of  the  latter ;  when  I 
rememher  all  the  attem})ts  wliich  are  made  to  judge  the 
modern  republics  by  the  aid  of  those  of  antitpiity,  and  to 
infer  what  will  happen  in  oin*  time  from  Avhat  took  })laco 
two  thousand  years  ago,  —  I  am  tempted  to  burn  my 
books,  in  order  to  api)ly  none  but  novel  ideas  to  so  novel 
a  condition  of  society. 

What  I  have  said  of  New  England  must  not,  however, 
be  applied  indistinctly  to  the  whole  Union  :  as  we  advance 
towards  the  West  or  the  South,  the  instruction  of  the  peo- 
ple diminishes.  In  the  States  which  border  on  the  Gulf 
of  ]Mexico,  a  certain  number  of  individuals  may  be  found, 
as  in  France,  who  are  devoid  even  of  the  rudiments  of  in- 
struction. But  there  is  not  a  single  district  in  the  United 
States  sunk  in  complete  ignorance,  and  for  a  very  simple 
reason.  The  nations  of  Europe  started  from  the  darkness 
of  a  barbarous  condition,  to  advance  towards  tlie  light  of 
civilization :  their  progress  has  been  unequal  ;  some  of 
them  have  improved  apace,  whilst  others  have  loitered  in 
iheir  course,  and  some  have  stopped,  and  are  still  sleeping 
upon  the  way. 

Such  has  not  been  the  case  in  the  United  States.  The 
Anglo-Americans,  already  civilized,  settled  upon  that  terri- 
tory which  their  descendants  occujiy ;  they  had  not  to 
beo;in  to  learn,  and  it  w%as  sufficient  for  them  not  to  foro;et. 
Now  the  children  of  these  same  Americans  are  the  persons 
who,  year  by  year,  transport  their  dwellings  into  the  wilds, 
and,  with  their  dwellings,  their  acquired  informaticm  and 
their  esteem  for  knowledo-e.  Education  has  tauoht  them 
the  utility  of  instruction,  and  has  enabled  them  to  transmit 
that  instruction  to  their  posterity.  In  the  United  States, 
society  has  no  infancy,  but  it  is  born  in  man's  estate. 


Ill 


b 


■n 


406 


DEMOCRACY   IN   AMERICA. 


i' 


Tlip  Amorlcans  never  use  the  word  "  peasant,"  because 
they  have  no  idea  of  the  class  which  that  term  denotes  • 
the  ignorance  of  more  remote  ages,  the  simplicity  of  rural 
life,  and  the  rusticity  of  the  villager,  have  not  been  pre- 
served amongst  them  ;  and  they  are  alike  unacquainted 
with  the  virtues,  the  vices,  the  coarse  habits,  and  the  sim- 
ple graces  of  an  early  stage  of  civilization.  At  the  extreme 
borders  of  the  Confederate  States,  upon  the  confines  of 
society  and  the  Avilderness,  a  population  of  bold  adventur- 
ers have  taken  up  their  abode,  who  pierce  the  solitudes  of 
the  American  woods,  and  seek  a  country  there,  in  order  to 
escape  the  poverty  which  awaited  them  in  their  native 
home.  As  soon  as  the  pioneer  reaches  the  place  which  is 
to  serve  him  for  a  retreat,  he  fells  a  few  trees  and  builds  a 
log-house.  Nothing  can  offer  a  more  miserable  aspect  than 
these  isolated  dwellings.  The  traveller  who  approaches 
one  of  them  towards  nimitfall  sees  the  flicker  of  the  hearth- 
flame  through  the  chinks  in  the  walls ;  and  at  night,  if  the 
wind  rises,  he  hears  the  roof  of  boughs  shake  to  and  fro  in 
the  midst  of  the  great  forest-trees.  Who  would  not  sup- 
pose that  this  poor  hut  is  the  asylum  of  rudeness  and  igno- 
rance ?  Yet  no  sort  of  comparison  can  be  drawn  between 
the  pioneer  and  the  dwelling  which  shelters  him.  Every- 
thing about  him  is  primitive  and  wild,  but  he  is  himself  the 
result  of  the  labor  and  experience  of  eighteen  centuries. 
He  wears  the  dress  and  speaks  the  language  of  cities ;  he 
is  acquainted  with  the  past,  curious  about  the  future,  and 
ready  for  argument  upon  the  present ;  he  is,  in  short,  a 
highly  civilized  being,  who  consents  for  a  time  to  inhabit 
the  backwoods,  and  avIio  penetrates  into  the  wilds  of  the 
New  World  with  the  Bible,  an  axe,  and  some  newspapers. 
It  is  difficult  to  imagine  the  incredible  rapidity  with  which 
thoucrht  circulates  in  the  midst  of  these  deserts.*     I  do  not 

*  I  travelled  along  a  portion  of  the  frontier  of  the  United   States  in  a 
sort  of  cart,  whi'.h  was  termed  the  mail.     We  passed,  day  and  night,  with 


CAUSES   WHICH   TEND   TO   MAINTAIN   DEMOCRACY.       407 


think  that  so  much  intellectual  activity  exists  in  the  most 
enlightened  and  populous  districts  of  France.* 

It  cannot  be  doubted  that,  in  the  United  States,  the 
instruction  of  the  people  powerfully  contributes  to  the 
suj)port  of  the  democratic  republic  ;  and  such  must  always 
be  the  case,  I  believe,  where  the  instruction  which  en- 
lightens the  understanding  is  not  separated  from  the  moral 
education  which  amends  the  heart.  But  I  would  not  exag- 
gerate this  advantage,  and  I  am  still  further  from  thinking, 
as  so  many  people  do  think  in  Europe,  that  men  can  be 
instantaneously  made  citizens  by  teaching  them  to  read  and 
write.  True  information  is  mainly  derived  from  exju-ri- 
ence ;  and  if  the  Americans  had  not  been  o;raduallv  accus- 
tomed  to  govern  themselves,  their  book-learning  would  not 
help  them  much  at  the  present  day. 

i  ^inve  lived  much  Avith  the  people  in  the  United  States, 
ai  .  ■  annot  express  how  much  I  admire  their  experience 
and  their  crood  sense.  An  American  should  never  be  led 
to  speak   of   Europe ;    for  he  will   then  probal)ly  display 

great  rapidity,  alonj;  the  roads,  wliidi  were  scarcely  marked  out  tiirou<i;h 
immense  forests.  Wlieu  the  gloom  of  the  woods  hecanie  iiiipciictralile,  the 
driver  lighted  hranches  of  i)iiic,  and  we  journeyed  along  hy  the  light  they 
cast.  From  time  to  time,  we  came  to  a  hut  in  tlic  midst  of  the  forest ;  this 
was  a  post-office.  The  mail  dropped  an  enormous  l»undle  of  letters  at  the 
door  of  this  isolated  dwelling,  and  we  pursued  our  way  at  full  gallop,  leav- 
ing the  inhabitants  of  the  neighboring  log-houses  to  send  for  their  share  of 
the  treasure. 

*  In  1832,  each  inhabitant  of  ^Michigan  paid  23  cents  to  the  post-office 
revenue  ;  and  eadi  inhabitant  of  the  Floridas  paid  20  cents.  (Sec  National 
Calendar,  1833,  p.  244.)  In  the  same  year,  each  inhal)itant  of  the  Ih'partp- 
ment  du  Nord  paid  not  quite  20  cents  to  the  revenue  of  the  French  post- 
office.  (Sec  the  Compte  rendu  de  I' Administration  des  Finances,  1833,  p.  623.) 
Now  the  State  of  Michigan  only  contained  at  that  time  7  inliaiiitants  per 
square  league,  and  Florida  only  5.  The  instruction  and  the  commercial 
activity  of  these  districts  are  inferior  to  those  of  most  of  the  States  in  the 
Union  ;  whilst  the  Departement  du  Nord,  which  contains  3,400  inhabitants 
per  square  league,  is  one  of  the  most  enlightened  ai»'^  manufacturing  parts 
of  France. 


'r* 


If.  ii . .    II 


':  'im 


v.  ■"  I'-W  i\ 


■i:dH 


ilill 

II 

m 

IB  ' 


im 


m 


if  ■: 


■!l. 


*. 


HI 


-:  • 


i :  ■>  r 


^^ 


\  • 


i   t 


408 


DEMOCRACY   IN   AMERICA. 


much  presumption  and  very  foolish  pride.  He  will  take 
up  with  those  crude  and  vague  notions  which  are  so  useflil 
to  the  ignorant  all  over  the  world.  But  if  you  question 
him  respecting  his  own  country,  the  cloud  which  dimmed 
his  intelligence  will  immediately  disperse ;  his  language 
will  become  as  clear  and  precise  as  his  thoughts.  He  will 
inform  you  what  his  rights  are,  and  by  what  means  he 
exercises  them ;  he  will  be  able  to  point  out  the  customs 
which  obtain  in  the  political  world.  You  will  find  that  he 
is  well  acquainted  with  the  rules  of  the  administration,  and 
that  he  is  familiar  with  the  mechanism  of  the  laws.  The 
citizen  of  the  United  States  does  not  acquire  his  practical 
science  and  his  positive  notions  from  books;  the  instruc- 
tion he  has  acquired  may  have  prepared  him  for  receiving 
those  ideas,  but  it  did  not  furnish  them.  The  American 
learns  to  know  the  laws  by  participating  in  the  act  of 
legislation ;  and  he  takes  a  lesson  in  the  forms  of  govern- 
ment from  governing.  The  great  work  of  society  is  ever 
going  on  before  his  eyes,  and,  as  it  were,  under  his  hands. 

In  the  United  States,  politics  are  the  end  and  aim  of 
education ;  in  Europe,  its  principal  object  is  to  fit  men  for 
private  life.  The  interference  of  the  citizens  in  public 
afftiirs  is  too  rare  an  occurrence  to  be  provided  for  before- 
hand. Upon  casting  a  glance  over  society  in  the  two 
hemispheres,  these  differences  are  indicated  even  by  their 
external  aspect. 

In  Europe,  we  frequently  introduce  the  ideas  and  habits 
of  private  life  into  public  affairs ;  and  as  we  pass  at  once 
from  the  domestic  circle  to  the  government  of  the  state, 
we  may  frequently  be  heard  to  discuss  the  great  interests 
of  society  in  the  same  manner  in  which  we  converse  with 
our  friends.  The  Americans,  on  the  other  hand,  transport 
the  habits  of  public  life  into  their  manners  in  private ;  in 
their  country,  the  jury  is  introduced  into  the  games  of 
schoolboys,  and  parliamentary  forms  are  observed  in  the 
order  of  a  feast. 


CAUSES   WHICH   TKND   TO   MAINTAIN   DEMOCRACY, 


409 


THE  LAWS  CONTRIBUTE  MORE  TO  THE  MAINTENANCE  OF 
THE  DEMOCRATIC  REPUBLIC  IN  THE  UNITED  STATES 
THAN  THE  PHYSICAL  CIRCUMSTANCES  OF  THE  COUNTRY, 
AND    THE    MANNERS    MORE    THAN    THE    LAWS. 


All  the  Nations  of  America  liave  a  Democratic  State  of  Society.  —  Yet 
Democratic  Institutions  are  supported  only  ainonj;  the  Anirlo-Amcri- 
oans.  —  The  Spaniards  of  South  America,  as  mucli  favored  l)y  Pliysical 
Causes  as  the  Anj^lo-Americans,  unable  to  maintain  a  Democratic  Ue- 
public.  —  Mexico,  which  has  adopted  tiie  Constitution  of  the  United 
States,  in  tiie  same  Predicament.  —  The  Anglo-Americans  of  tiie  West 
less  able  to  maintain  it  than  those  of  the  East.  —  Reason  of  these  Dif- 
ferences. 

I  HAVE  remarked  that  the  maintenance  of  democratic 
institutions  in  the  United  States  is  attributable  to  tlie  cir- 
cumstances, the  laws,  and  the  manners  of  that  country.* 
INIost  Europeans  are  acquainted  with  only  the  tirst  of  these 
three  causes,  and  they  are  apt  to  o;ive  it  a  preponderant 
importance  which  it  does  not  really  possess. 

It  is  true  that  the  Ano;lo-Americans  settled  in  the  New 
World  in  a  state  of  social  equality ;  the  low-born  and  the 
noble  were  not  to  be  found  amongst  them  ;  and  profes- 
sional prejudices  were  always  as  unknown  as  the  preju- 
dices of  birth.  Thus,  as  the  condition  of  society  was 
democratic,  the  rule  of  democracy  was  established  without 
difficulty.  But  this  circumstance  is  not  peculiar  to  the 
United  States ;  almost  all  the  American  colonies  were 
fdunded  by  men  equal  amongst  themselves,  or  who  became 
so  by  inhabiting  them.  In  no  one  part  of  the  New  World 
have  Europeans  been  able  to  create  an  aristocracy.  Never- 
theless, democratic  institutions  prosper  nowhere  but  in  the 
United  States. 

*  I  remind  the  reader  of  the  general  signification  which  I  give  to  the 
word  manners,  —  namely,  the  moral  and  intellectual  characteristics  of  men 
in  society. 

18 


V  :  '\ 


n,\iW.    'i 


410 


DKMOCRACY   IN   AMKRICA. 


Tlie  American  Union  has  no  enemies  to  contend  with ; 
it  stands  in  the  wilds  like  an  island  in  the  ocean.  But  the 
Spaniards  of  South  Americ^a  were  no  less  isolated  by  na- 
ture ;  yet  their  position  has  not  relieved  them  from  the 
charge  of  standin<^  armies.  They  make  war  upon  each 
other  when  they  have  no  foreign  enemies  to  oppose ;  and 
the  Anglo-American  democracy  is  the  only  one  which  has 
hitherto  been  able  to  maintain  itself  in  per\ce. 

The  territory  of  the  Union  presents  a  boundless  field  to 
human  activity,  and  inexhaustible  materials  for  labor.  The 
passion  for  wealth  takes  the  place  of  ambition,  and  the  heat 
of  faction  is  mitigated  by  a  consciousness  of  prosperity. 
But  in  what  portion  of  the  globe  shall  we  find  more  fertile 
plains,  mightier  rivers,  or  more  unexplored  and  inexhaust- 
ible riches,  than  in  South  America  ?  Yet  South  America 
has  been  unable  to  maintain  democratic  institutions.  If 
the  welfare  of  nations  depended  on  their  being  placed  in 
a  remote  position,  with  an  unbounded  space  of  habitable 
teri'itory  before  them,  the  Spaniards  of  South  America 
would  have  no  reason  to  complain  of  their  fate.  And 
although  they  might  enjoy  less  prosperity  than  the  inhab- 
itants of  the  United  States,  their  lot  might  still  be  such  as 
to  excite  the  envy  of  some  nations  in  Europe.  There  are, 
however,  no  nations  upon  the  face  of  the  earth  more  miser- 
able than  those  of  South  America. 

Thus,  not  only  are  physical  causes  inadequate  to  produce 
results  analogous  to  those  wdiich  occur  in  North  America, 
but  they  cannot  raise  the  population  of  South  America 
above  the  level  of  European  states,  where  they  act  in  a 
contrary  direction.  Physical  causes  do  not  therefore  aflPect 
the  destiny  of  nations  so  much  as  has  been  supposed. 

I  have  met  with  men  New  Eno-land  who  were  on 
the  point  of  leaving  a  cf  a.  ♦^ry  where  they  might  have  re- 
mained in  easy  circum?  ances,  to  seek  their  fortune  in  the 
wilds.     Not  far  from  .  iiat  region,  I  found  a  French  popu- 


CAUSES    WHICH    TKND    TO   MAINTAIN    DKMOCKACY.       411 

lation  in  Canada,  closely  crowded  on  a  narrow  territory, 
a]thou(^h  the  same  wilds  were  at  hand  ;  and  whilst  the 
emio;rant  from  the  United  States  purchased  an  extensive 
estate  with  the  earnings  of  a  short  term  of  labor,  the 
Canadian  paid  as  much  for  land  as  he  would  have  done  in 
France.  Thus  Ni'*-  »"  Ters  the  solitudes  of  the  New 
World  to  Europeans  ah  hut  they  do  not  always  know 
how  to  make  use  of  her  gifts.  Other  ink  "'  ..rnts  of  Amer- 
ica  have  the  same  physical  conditions  of  prosperity  as  the 
Anglo-Americans,  but  without  their  laws  and  their  man- 
ners ;  and  these  people  are  miserable.  The  laws  and 
manners  of  the  Anglo-Americans  are  therefore  that  special 
and  predominant  cause  of  their  greatness  which  is  the 
object  of  my  inquiry. 

I  am  far  from  supposing  that  the  American  laws  are  pre- 
eminently good  in  themselves  :  I  do  not  hold  them  to  be 
applicable  to  all  democratic  nations ;  and  several  of  them 
seem  to  me  to  be  dangerous,  even  in  the  United  States. 
But  it  cannot  b'  denied  that  American  lemslation,  taken  as 
a  whole,  is  extreinely  well  adapted  to  the  genius  of  the  peo- 
ple and  the  nature  of  the  country  which  it  is  intended  to 
govern.  The  American  laws  are  therefore  good,  and  to 
them  must  be  attributed  a  large  portion  of  the  success 
which  attends  the  government  of  democracy  in  America  : 
but  I  do  not  believe  them  to  be  the  princijial  cause  of  that 
success  ;  and  if  they  seem  to  me  to  ha\e  more  influence 
than  the  nature  of  the  country  upon  the  social  hap])iness 
of  the  Americans,  there  is  still  reason  to  believe  that  their 
effect  is  inferior  to  that  produced  by  the  manners  of  the 
people. 

The  Federal  laws  undoubtedly  constitute  the  most  impor- 
tant part  of  the  legislation  of  the  United  States.  ^Mexico, 
which  is  not  less  fortunately  situated  than  the  Anglo- 
American  Union,  has  adopted  these  same  laws,  but  is  un- 
able to  accustom  itself  to  the  government  of  democracy. 


<'M  i[ 


412 


DEMOCRACY   IN   AMKRICA. 


m 


Soiiu'  other  cause  is  tlierefor'^  at  work,  independently  of 
j)liysi('al  circumstances  and  peculiar  laws,  which  enables 
tlie  democracy  to  rule  in  the  United  States. 

Another  still  more  striking  proof  may  be  adduced.  Al- 
most all  the  inhabitants  of  the  teriitory  ot  the  Union  are 
the  descendants  of  a  common  stock  ;  they  speak  the  same 
language,  they  worship  God  in  the  same  manner,  they  are 
affected  by  the  same  physical  causes,  and  they  obey  the 
same  laws.  Whence,  then,  do  their  characteristic  differ- 
ences arise  ?  Why,  in  the  Eastern  States  of  the  Union, 
does  the  republican  government  display  vigor  and  regular- 
ity, and  proceed  with  mature  deliberation  ?  Whence  does 
it  derive  the  wisdom  and  the  durability  which  mark  its 
acts,  whilst  in  the  Western  States,  on  the  contrarv  ciety 
seems  to  be  ruled  by  chance  ?  There,  public  busiiiess  is 
conducted  with  an  irregidarity,  and  a  passionate,  almost 
feverish  excitement,  which  do  not  announce  a  long  or 
sure  duration. 

I  am  no  longer  comparing  the  Anglo-Americans  with 
foreign  nations  ;  but  I  am  contrasting  them  with  each 
other,  and  endeavoring  to  discover  why  they  are  so  un- 
like. The  arguments  which  are  derived  from  the  nature 
of  the  country  and  the  difference  of  legislation  are  here 
all  set  aside.  Recourse  must  be  had  to  some  other  cause ; 
and  what  other  cause  can  there  be,  except  the  manners  of 
the  people  ? 

It  is  in  the  Eastern  States  that  the  Anglo-Americans 
have  been  longest  accustomed  to  the  government  of  de- 
mocracy, and  have  adopted  the  habits  and  conceived  the 
opinions  most  favorable  to  its  maintenance.  Democracy 
has  gradually  penetrated  into  their  customs,  their  opinions, 
and  their  forms  of  social  intercourse  ;  it  is  to  be  found  in 
all  the  details  of  daily  life,  as  well  as  in  the  laws.  In  the 
Eastern  States,  the  book  instruction  and  practical  education 
of  the  people  have  been  most  perfected,  and  religion  has 


CAUSES    WHICH    TKXI)    TO   MAINTAIN    DKMOCRACY.       4U' 


been  most  thoroughly  amalgamated  with  lihcrty.  Now, 
these  habits,  o[)inioiis,  customs,  aud  convictions  arc  pre- 
cisely what  I  have  denominated  manners. 

In  the  Western  States,  on  the  contrary,  a  portion  of  the 
same  advantages  are  still  wanting.  Many  of  the  Ameri- 
cans of  the  West  were  born  in  the  woods,  and  they  mix 
the  ideas  and  customs  of  savage  life  with  the  civilization 
of  their  fathers.  Their  passions  are  more  intense,  their 
religious  morality  less  authoritative,  and  their  convictions 
less  firm.  The  inhabitants  exercise  no  sort  of  conh'ol  over 
their  fellows,  for  they  aie  scarcely  ac(juainted  with  each 
other.  The  nations  of  the  West  display,  to  a  certain 
extent,  the  inexperience  and  the  rude  habits  of  a  people 
in  their  infancy ;  for,  although  they  are  composed  of  old 
elements,  their  assemblage  is  of  recent  date. 

The  manners  of  the  Americans  of  the  United  States  are, 
then,  the  peculiar  cause  which  renders  that  people  the  oidy 
one  of  the  American  nations  that  is  able  to  support  a  dem- 
ocratic government ;  and  it  is  the  influence  of  manners 
Avhich  produces  the  different  degrees  of  order  and  pros- 
perity that  may  be  distinguished  in  the  several  Anglo- 
American  democracies.  Thus  the  effect  which  the  jjeo- 
graphical  position  of  a  country  may  have  upon  the  duration 
of  democratic  institutions  is  exaggerated  in  Europe.  Too 
much  importance  is  attributed  to  legislation,  too  little  to 
manners.  These  three  great  causes  serve,  no  doubt,  to 
regulate  and  direct  the  American  democracy ;  but  if  they 
were  to  be  classed  in  their  proper  order,  I  should  say  that 
physical  circumstances  are  less  efficient  than  the  laws,  and 
the  laws  infinitely  less  so  than  the  manners  of  the  people. 
I  am  convinced  that  the  most  advantajieous  situation  and 
the  best  possible  laws  cannot  maintain  a  constitution  in 
spite  of  the  manners  of  a  country ;  whilst  the  latter  may 
turn  to  some  advantage  the  most  unfavorable  positions  and 
the  worst  laws.     The  importance  of  manners  is  a  common 


!'■' 


ill'  i: 


:■■■  i' 


t  '.'{ 


I.- 


'Mm 


4U 


DEMOCRACY   IN   AMERICA. 


tnitli  to  which  study  and  expcrioncu  inoossantly  direct  our 
attention.  It  may  be  rej^arded  as  a  cen'^ral  point  in  the 
ranoi'  of  o])sei'vation,  and  tlie  common  termination  of  all 
my  iuijuiries.  So  seriously  do  I  insist  upon  tliis  head,  that, 
it'  I  liave  liitherto  failed  in  makinj;  the  reader  feel  the  im- 
portant  influence  of  the  practical  experience,  the  luibits, 
the  o})lnions,  in  short,  of  the  manners  of  the  Americans, 
upon  the  maintenance  of  their  institutions,  I  have  tailed  in 
the  i)rincij)al  object  of  my  work. 


ii  :i 


WHKTHER  LAWS  AND  MANNERS  ARE  SUFFICIENT  TO  MAIN- 
TAIN DEMOCRATIC  INSTITUTIONS  IN  OTHER  COUNTRIES 
BESIDES    AMERICA. 


iy 


S    ' 


!': 


h      1 


Tlic  Aiif^lo-Ainuricuns,  if  transported  into  Eurojjc,  would  be  obliged  to 
modify  tlieir  Laws. — Distinction  to  be  made  between  Democratic  In- 
stitutions and  American  Institutions.  —  Democratic  Laws  may  be  con- 
ceived better  tiian,  or  at  least  ditferent  from,  tliose  wbidi  the  American 
Democracy  has  adopted.  —  The  Example  of  America  only  proves  tiiat 
it  is  possible,  by  the  Aid  of  Manners  and  Legislation,  to  regulate  De- 
mocracy. 

I  HAVE  asserted  that  the  success  of  democratic  institu- 
tions in  the  United  States  is  more  attributable  to  the  laws 
themselves,  and  the  manners  of  the  j)eople,  than  to  the 
nature  of  the  country.  But  does  it  follow  that  the  same 
causes  would  of  themselves  produce  the  same  results,  if 
they  were  put  in  operation  elsewhere ;  and  if  the  country 
is  no  adequate  substitute  for  laws  and  manners,  can  laws 
and  manners  in  their  turn  take  the  place  of  a  country?  It 
will  readily  be  understood  that  the  elements  of  a  reply  to 
this  question  are  wanting:  other  inhabitants  are  to  be 
found  in  the  New  World  besides  the  Anglo-Americans, 
and,  as  these  are  affected  by  the  same  physical  circumstan- 
ces as  the  latter,  they  may  fairly  be  compared  with  them. 


CAUSKS    WHICH    TKND   TO    MAINTAIN    DLMOCKACV.       41.J 

But  tlicrc  arc  no  natiDns  out  of  Aiucricii  wliii-li  liavo 
iulopti'd  tlu'  siUUL'  laws  and  niainnTs,  thouu'li  (K'stitute  of 
till'  physical  a(l\anta«;i'S  peculiar  to  the  An^lo-Ainericans. 
No  standard  of  comparison  therefore  exists,  and  we  <'aii 
only  hazard  an  o[)ini()n. 

It  appears  to  nie,  in  the  first  }>lace,  that  a  careful  distinc- 
tion must  he  made  l)etw(>en  the  institutiojis  of  the  U'uted 
States  and  democratic  institutions  in  general.  When  I 
reHect  upon  tlie  state  of  KunnK-,  its  mighty  nations,  its 
j)oj»ulous  cities,  its  formidahle  armies,  and  the  complex 
nature  of  its  politics,  I  caiuiot  supj)ose  that  even  the  Annlo- 
Amei'icans,  if  they  were  transported  to  our  hemisphere, 
witli  their  ideas,  their  religion,  and  tlu'ir  .maimers,  could 
exist  without  considerahly  alteriuii"  tlu'ir  laws.  l>ut  a 
democratic  nation  mav  he  imaiiined,  oriiani/ed  diiferi'utlv 
from  the  American  peo])le.  Is  it  then  impossihle  to  con- 
ceive a  government  really  estahlished  upon  the  will  of  tlie 
majoi'ity,  hut  in  which  the  majority,  repressing-  its  natural 
instinct  of  equality,  should  consent,  with  a  view  to  t'.c  order 
and  the  stahllity  of  the  state,  to  invest  a  family  or  an  indi- 
vidual with  all  the  attributes  of  executive  ])ower  ?  Might 
not  a  democratic  society  be  imagined,  in  which  the  forces 
of  the  nation  woukl  be  more  centralized  than  they  are  in 
the  United  States  ;  where  the  j)eople  would  exercise  a  less 
direct  and  less  irresistible  influence  upon  public  affairs,  and 
yet  every  citizen,  invested  with  certain  rights,  would  par- 
tici})ate,  within  his  sphere,  in  the  conduct  of  the  govei'u- 
ment.  What  I  have  seen  amongst  the  Ann-lo-Americans 
induces  me  to  believe  that  democratic  institutions  of  this 
kind,  prudently  introduced  into  society,  so  as  gradually  to 
mix  with  the  habits,  and  to  be  interfused  with  the  opin- 
ions of  the  people,  might  exist  in  other  countries  besides 
America.  If  the  laws  of  the  United  States  were  the  only 
imaginable  democratic  laws,  or  the  most  perfect  which  it 
is  possible  to  conceive,  I  should  admit  that  their  success 


,  « 


410 


DEMOCBACY   IN   AMLKICA. 


m'' 


:t\  t. 


i:  f 


i  I 


\:;ii 


:i 


in  AiiU'ricji  iitlurcls  no  proof  of  the  success  of  ilcnKK^'iitic 
iiislitutioiis  in  j:;cm'nil,  in  a  country  less  liivorcd  hy  nutare. 
Hut  as  the  laws  of  America  a[>|)ear  to  \nv,  to  he  defective 
in  several  respects,  and  as  I  cau  readily  imagine  others, 
the  j)ecidiar  advaiita«:;es  of  that  country  do  not  prove  to 
me  that  democratic  institutions  cannot  succeed  in  a  na- 
tion less  favored  by  circumstances,  if  ruled  by  better 
laws. 

If  human  nature  were  different  in  America  from  what 
it  is  elsewhere,  or  if  the  social  condition  of  the  Anuricans 
created  habits  and  opinions  amon<j;st  them  different  from 
those  which  oriy;inate  in  the  same  social  condition  in  the 
Old  AVorld,  the  American  democracies  would  affoi'd  no 
means  of  predicting  what  may  occur  in  other  democracies. 
If  the  Americans  displayed  the  same  propensities  as  all 
other  democrratic  nations,  and  if  their  legislators  had  relied 
uj)on  the  nature  of  the  country  and  the  favor  of  circum- 
stances to  restrjiin  those  ])ropensities  within  due  limits,  the 
prosperity  of  the  United  States,  being  attributable  to  purely 
physical  causes,  would  afford  no  encouragement  to  a  peo- 
ple inclined  to  imitate  their  example,  without  sharing  their 
natural  advantages.  But  neither  of  these  suppositions  is 
borne  out  by  facts. 

In  America,  the  same  passions  are  to  bo  met  with  as 
in  Europe,  —  some  originating  in  human  nature,  others  in 
the  democratic  condition  of  society.  Thus,  in  the  United 
States,  I  found  that  restlessness  of  heart  which  is  natural 
to  men  when  all  ranks  are  nearly  equal,  and  the  chances 
of  elevation  are  the  same  to  all.  I  found  there  the  demo- 
cratic feeling  of  envy  expressed  under  a  thousand  different 
forms.  I  remarked  that  the  people  there  frequently  dis- 
played, in  the  conduct  of  affairs,  a  mixture  of  ignorance 
and  presumption  ;  and  I  inferred  that,  in  America,  men 
are  liable  to  the  same  failings  and  exposed  to  the  same 
evils  as  amongst  ourselves.     But,  upon  examining  the  state 


M 


CAUSKS    WIIK'M    TKNl)    iO    MAINTAIN    DliMOlKACV. 


41' 


)ositions  IS 


of  socii'tj  moiv  Jitti'iitivfly,  I  sptrdily  (li.scovcri'tl  tliat  tlio 
Ann'ricaiis  liad  tiiiidi'  orcat  and  succi'ssriil  ctlurts  to  coiin- 
WviU't  these  iin|)i'i'l'i'('ti(»iis  of  luiiiiaii  nature,  and  to  correct 
tho  natnral  detects  of  democracy.  Their  divers  nuniicii)al 
laws  a|)[)earod  to  nie  so  many  means  of  resti'ainintr  the  rest- 
less amhition  of  the  citizens  within  a  nari'ow  spheri',  and 
of  tnrninii;  tjjoso  same  passions  wiiicli  mi^ht  Iiave  workeil 
havoc  in  tlie  state,  to  the  nood  of  the  townsliip  or  tliu 
])arisli.  The  American  le<^isIators  seem  to  iiavo  sncceoc'ed 
to  some  extent  in  opposin<2;  the  idea  of  rijdit  to  the  feelini^s 
of  envy  ;  the  permanence  of  religions  inoi-ality  to  th-  con- 
tinnal  sliifting  of  politics;  the  ex])erience  of  the  j)e  »|ile  to 
tlieir  theoretical  ignorance;  and  their  pra('ical  kN'>vvK'dgc, 
of  hnsiness  to  tho  impatience  of  their  desires. 

Tho  Americans,  then,  have  not  relietl  npon  the  natiTy 
of  tlieir  country  to  counterpoise  those  dangers  w'.ich  origi- 
nate in  their  Constitution  and  their  political  1  jws.  To 
evils  which  are  common  to  all  democratic  nations,  they 
have  applied  remedies  which  none  hut  themselves  had  ever 
thought  of;  and,  although  they  were  the  first  to  make  the 
experiment,  they  have  succeeded  in  it.  The  manners  and 
laws  of  the  Americans  are  not  the  only  ones  which  may 
suit  a  democratic  people  ;  but  the  Americans  have  shown 
that  it  would  be  wrong  to  despair  of  regulating  democracy 
bv  the  aid  of  manners  and  laws.  If  other  nations  slumld 
borrow  this  general  and  pregnant  i.^  ;•  from  the  Ameri- 
cans, without,  however,  intending  to  imitate  them  in  the 
peculiar  application  which  they  lune  made  of  it;  if  they 
should  attempt  to  fit  themselves  for  that  social  condition 
which  it  seems  to  be  the  will  of  Providence  to  inij)ose 
upon  the  generations  of  this  age,  and  so  to  escajie  from 
the  despotism  or  the  anarchy  which  threatens  them, — 
what  reason  is  there  to  suppose  that  their  efforts  would 
not  be  crowned  with  success  ?  The  organization  and  the 
establishment  of  democracy  in  Christendom  is  the  great 

18*  AA 


'I 


I 


'»iM;  i  j; 


•  '•  f' 


I 


1  '^ 


418 


DEMOCRACY   IN   AMKRICA. 


1  '    f 


!     b 


I*  ■ 


political  problem  of  our  times.  Tlie  Americans,  unques- 
tionably, have  not  resolved  this  problem,  but  they  furnish 
useful  data  to  those  who  undertake  to  resolve  it. 


IMPORTANCE    OF   WHAT   PRECEDES    WITH    RESPECT   TO   THE 

STATE    OF   EUROPE. 

It  may  readily  be  discovered  with  what  intention  I 
undertook  the  foregoing  inquiries.  The  question  here  dis- 
cussed is  interestincr  not  onlv  to  the  United  States,  but  to 
the  whole  world  ;  it  concerns,  not  a  nation  only,  but  all 
mankind.  If  those  nations  whose  social  condition  is  demo- 
cratic could  remain  free  only  while  they  inhabit  uncultivated 
regions,  we  must  despair  of  the  future  destiny  of  the  human 
race  ;  for  democracy  is  rapidly  acquiring  a  more  extended 
sway,  and  the  wilds  are  gradually  peopled  with  men.  If 
it  were  true  that  laws  and  manners  are  insufficient  to  main- 
tain democratic  institutions,  what  reftige  would  remain  open 
to  the  nations,  except  the  despotism  of  one  man  ?  I  am 
aware  that  there  are  many  worthy  persons  at  the  present 
time  who  are  not  alarmed  at  this  alternative,  and  who  are 
so  tired  of  liberty  as  to  be  glad  of  repose  far  from  its 
storms.  But  these  persons  are  ill  acquainted  with  the 
haven  towards  which  they  are  bound.  Preoccupied  by 
their  remembrances,  they  judge  of  absolute  power  by  what 
it  has  been,  and  not  by  what  it  might  become  in  our  times. 

If  absolute  power  were  re-established  amongst  the  demo- 
cratic nations  of  Europe,  I  am  persuaded  that  it  would  as- 
sume a  new  form,  and  appear  under  features  unknown  to 
our  fathers.  There  was  a  time  in  Europe  when  the  laws 
and  the  consent  of  the  people  had  invested  princes  with 
almost  unlimited  authority,  but  they  scarcely  ever  availed 
themselves  of  it.  I  do  not  speak  of  the  prerogatives  of 
the  nobility,  of  the  authority  of  high  courts  of  justice,  of 


r   TO   THE 


CAUSKS   WHICH    TEND   TO   MAINTAIN    DKMOCRACY.       419 

corporations  and  their  cliartcrorl  ri<i;lits,  or  of  pr.o^^n^ial 
privileges,  which  served  to  break  tlie  Idows  of*  sovereign 
autliority,  and  to  kecj)  np  a  spirit  of  resistance  in  tlie  na- 
tion. Independently  of  these  political  institutions,  —  Avhich, 
however  opposed  they  might  be  to  personal  liberty,  served 
to  keep  alive  the  love  of  freedom  in  the  mind,  and  which 
may  be  esteemed  useful  in  this  respect,  —  the  manners  and 
opinions  of  the  nation  confined  the  royal  authority  within 
barriers  which  were  not  less  powerful  because  less  conspic- 
uous. Religion,  the  affections  of  the  people,  the  benevo- 
lence of  the  prince,  the  sense  of  honor,  family  ])ride, 
})rovincial  prejudices,  custom,  and  pidjlic  opinion  limited 
the  power  of  kings,  and  restrained  their  authority  within 
an  invisible  circle.  The  constitution  of  nations  was  des- 
potic at  that  time,  but  their  manners  were  free.  Princes 
had  the  right,  but  they  had  neither  the  means  nor  the  de- 
sire, of  doing  whatever  they  pleased. 

But  what  now  remains  of  those  barriers  which  formerly 
arrested  tyranny  ?  Since  religion  has  lost  its  empire  over 
the  souls  of  men,  the  most  prominent  boundary  which 
divided  ffood  from  evil  is  overthrown  ;  evervthino;  seems 
doubtful  and  indeterminate  in  the  moral  world  ;  kings  and 
nations  are  guided  bv  chance,  and  none  can  sav  where  are 
the  natural  limits  of  despotism  and  the  bounds  of  license. 
Long  revolutions  have  forever  destroyed  the  resj)ect  which 
surrounded  the  rulers  of  the  state ;  and,  since  they  have 
been  relieved  from  the  burden  of  public  esteem,  })rinces 
may  henceforward  surrender  themselves  without  fear  to 
the  intoxication  of  arbitrary  power. 

When  kings  find  that  the  hearts  of  their  subjects  are 
turned  towards  them,  they  are  clement,  because  they  are 
conscious  of  their  strength  ;  and  they  are  chary  of  the 
affection  of  their  people,  because  the  affection  of  their 
])eople  is  the  bulwark  of  the  throne.  A  mutual  inter- 
change of  good-will  then  takes  place  between  the  prince 


:■  !! 


;ii 


■ill'!. 


J!  i 

ii 
II  f 


...  ■! 

1!:  :: 


fill    ■    ¥ 


ill 


II 


I:; 


420 


DEMOCRACY   IN  AMERICA. 


h^'v:-' 


I' , 


ii;  •  "1  !i! 


Hi  'i\ 


ii  M 


and  tlie  people,  which  resembles  the  gracious  Intercourse 
of  domestic  life.  The  sul)jects  may  murmur  at  the  sover- 
eign's decree,  but  they  are  grieved  to  displease  him  ;  and 
the  sovereign  chastises  his  subjects  with  the  light  hand  of 
parental  affection. 

But  when  once  the  spell  of  royalty  is  broken  in  the 
tumult  of  revolution,  —  when  successive  monarchs  have 
crossed  the  throne,  so  as  alternately  to  display  to  the  peo- 
ple the  weakness  of  their  right,  and  the  harshness  of  their 
power,  —  the  sovereign  is  no  longer  regarded  by  any  as  the 
father  of  the  state,  and  he  is  feared  by  all  as  its  master.  If 
he  is  Aveak,  he  is  despised  ;  if  he  is  strong,  he  is  detested. 
lie  is  himself  full  of  animosity  and  alarm  ;  he  finds  that 
he  is  a  stranger  in  his  own  country,  and  he  treats  his  sub- 
jects like  conquered  enemies. 

When  the  provinces  and  the  towns  formed  so  many  dif- 
ferent nations  in  the  midst  of  their  common  country,  each 
of  them  had  a  will  of  its  own,  which  was  opj)Osed  to  the 
general  spirit  of  subjection  ;  but,  now  that  all  the  parts  of 
the  same  empire,  after  having  lost  their  immunities,  their 
customs,  their  prejudices,  their  traditions,  and  even  their 
names,  have  become  accustomed  to  obey  the  same  laws,  it 
is  not  more  difficult  to  oppress  them  all  together  than  it 
was  formerly  to  oppress  one  of  them  separately. 

Whilst  the  nobles  enjoyed  their  power,  and  indeed  long 
after  that  power  was  lost,  the  honor  of  aristocracy  con- 
ferred an  extraordinary  degree  of  force  upon  their  personal 
opposition.  Men  could  then  be  found  who,  notwithstand- 
ing their  weaki.  ss,  still  entertained  a  high  opinion  of  their 
personal  value,  and  dared  to  cope  single-handed  with  the 
public  authority.  But  at  the  present  day,  when  all  ranks 
are  more  and  more  confounded,  —  when  the  individual  dis- 
a})pears  in  the  throng,  and  is  easily  lost  in  the  midst  of 
a  common  obscurity,  when  the  honor  of  monarchy  has 
almost  lost  its  power,  without  being  succeeded  by  virtue, 


CAUSES   WHICH   TEND    TO   MAINTAIN   DEMOCRACY. 


421 


and  when  nothing  can  enable  man  to  rise  above  hiuiseU*,  — 
who  shall  say  iv  what  point  the  exigencies  of  power  and 
the  servility  of  weakness  will  stop  ? 

As  long  as  family  feeling  was  kept  alive,  the  antagonist 
of  o})pression  was  never  alone  ;  he  looked  about  him,  and 
found  his  clients,  his  hereditary  friends,  and  his  kinsfolk. 
If  this  support  was  wanting,  he  felt  himself  sustained  by 
his  ancestors,  and  animattvd  by  his  posterity.  But  \\\\vn 
patrimonial  estates  are  divided,  and  when  a  few  years  suf- 
fice to  confound  the  distinctions  of  race,  where  can  familv 
feelino-  be  found  ?  What  force  can  there  be  in  the  customs 
of  a  country  which  has  changed,  and  is  still  })ei*petually 
changing,  its  aspect,  —  in  which  every  act  of  tyranny  al- 
ready has  a  precedent,  and  every  crime  an  exam})le,  —  in 
which  there  is  nothing  so  old  that  its  antiquity  can  save  it 
from  destruction,  and  nothing  so  unparalleled  that  its  n(}v- 
elty  can  prevent  it  from  being  done?  What  resistance 
can  be  offered  by  manners  of  so  pliant  a  make  that  they 
have  already  often  yielded  ?  What  strength  can  even 
public  opinion  have  retained,  when  no  twenty  persons  are 
connected  by  a  common  tie,  —  when  not  a  man,  nor  a 
family,  nor  chartered  corporation,  nor  class,  nor  free  insti- 
tution, has  the  power  of  representing  or  exerting  that  opin- 
ion,—  and  when  every  citizen,  being  equally  weak,  equally 
poor,  and  equally  isolated,  has  only  his  personal  impotence 
to  oppose  to  the  organized  force  of  tlie  government? 

The  annals  of  France  furnish  nothing  analooous  to  the 
condition  in  which  that  country  might  then  be  thrown. 
But  it  may  more  aptly  be  assimilated  to  the  times  of  old, 
and  to  those  hideous  eras  of  Roman  oppression,  when  the 
manners  of  the  people  were  corrupted,  their  traditions 
obliterated,  their  habits  destroyed,  their  opinions  shaken, 
and  freedom,  expelled  from  the  laws,  could  find  no  refuge 
in  the  land  ;  when  nothing  protected  the  citizens,  and  the 
citizens   no   longer    protected    themselves  ;    when    human 


«f 


'-••ntJ;    f 

I  m  I 


422 


DEMOCRACY   IN   AMERICA. 


II   '!ii 


ili  ill 


nature  was  the  sport  of  man,  and  princes  wearied  out  the 
clemency  of  Heaven  before  tliey  exhausted  the  patience 
of  their  subjects.  Those  wlio  hope  to  revive  the  mon- 
arc;]iy  of  Henry  IV.  or  of  Louis  XIV.  appear  to  me  to 
be  aflBicted  with  mental  blindness  ;  and  when  I  consider 
the  present  condition  of  several  European  nations,  —  a 
condition  to  which  all  the  others  tend,  —  I  am  led  to  'je- 
lieve  that  thev  will  soon  be  left  with  no  other  alternative 
than  democratic  liberty  or  the  tyranny  of  the  Ctesars. 

Is  not  this  deservino;  of  consideration  ?  If  men  must 
really  come  to  this  point,  that  they  arc  to  be  entirely 
emanci})ated  or  entii'ely  enslaved,  —  all  their  rij^hts  to  be 
made  equal,  or  all  to  be  taken  away  from  them  ;  if  the 
rulers  of  society  were  compelled  either  gradually  to  raise 
the  crowd  to  their  own  level,  or  to  allow  all  the  citizens 
to  fall  below  that  of  humanity,  —  would  not  the  doubts 
of  many  be  resolved,  the  consciences  of  many  be  con- 
firmed, and  the  community  prepared  to  make  great  sac- 
rifices with  little  difficulty  ?  In  that  case,  the  gradual 
2;rowth  of  democratic  manners  and  institutions  should  be 
regarded,  not  as  the  best,  but  as  the  only  means  of  pre- 
serving fi'eedom  ;  and,  without  liking  the  government  of 
democracy,  it  might  be  adopted  as  the  most  applicable, 
and  the  fairest  remedy  for  the  present  ills  of  society. 

It  is  difficult  to  make  the  people  participate  in  the  gov- 
ernment ;  but  it  is  still  more  difficult  to  supply  them  with 
experience,  and  to  inspire  them  with  the  feelings  which 
they  need  in  order  to  govern  well.  I  grant  that  the 
wishes  of  the  democracy  are  capricious,  its  instruments 
rude,  its  laws  imperfect.  But,  if  it  were  true  that  soon 
no  just  medium  would  exist  between  the  rule  of  democ- 
racy and  the  dominion  of  a  single  man,  should  we  not 
rather  incline  towards  the  former,  than  submit  voluntarily 
to  the  latter  ?  And  if  complete  equality  be  our  fate,  is 
it  not  better  to  be  levelled  by  free  institutions  than  by  a 
despot  ? 


mt 


CAUSES   WHICH   TEND   TO   MAINTAIN   DEMOCRACY.       423 

Those  who,  after  havino;  read  this  book,  should  iinao-lno 
that  my  intention  in  writing  it  was  to  propose  tlie  hiws 
and  manners  of  the  Anolo-Americans  for  the  imitation  of 
all  democratic  communities,  would  make  a  great  mistake  ; 
they  must  have  paid  more  attention  to  the  form  than  to 
the  substance  of  my  thought.  My  aim  has  been  to  show, 
by  the  example  of  America,  that  laws,  and  es})eeially  man- 
ners, may  allow  a  democratic  people  to  remain  free,  lint 
I  am  very  i'ar  from  thmking  that  we  ought  to  follow  the 
example  of  the  American  democracy,  and  copy  the  means 
which  it  has  employed  to  attain  this  end ;  for  I  am  well 
aware  of  the  influence  which  the  nature  of  a  country  and 
its  political  antecedents  exercise  upon  its  political  consti- 
tution ;  and  I  should  regard  it  as  a  great  misfortune  for 
mankind  if  liberty  were  to  exist  all  over  the  world  under 
the  same  features. 

But  I  am  of  opinion  that,  if  we  do  not  succeed  in  gradu- 
ally introducing  democratic  institutions  into  France ;  if  we 
despair  of  imparting  to  all  the  citizens  those  ideas  and  sen- 
timents which  first  prepare  them  for  freedom,  and  after- 
wards allow  them  to  enjoy  it,  —  there  will  be  no  indepen- 
dence at  all,  either  for  the  middling  classes  or  the  nobility, 
for  the  poor  or  for  the  rich,  but  an  equal  tyranny  over 
all ;  and  I  foresee  that,  if  the  peaceable  dominion  of  the 
majority  be  not  founded  amongst  us  in  time,  we  shall 
sooner  or  later  fall  under  the  unlimited  authority  of  a 
single  man. 


.:A 


,.:>| 


m  ^ 

>t.;iis.    ii 


mi 


■'{■■     !n  -^  "!■ 


:!•  -'"I^ 


■i.>ii 


f      h\ 


.   Ml 

.!.1B! 


424 


DEMOCRACY   IN   AMERICA. 


CHAPTER    XVIII. 


THE  PRESENT  AND  PROBABLE  FUTURE  CONDITION  OF  THE 
THREE  RACES  WHICH  INHABIT  THE  TERRITORY  OF  THE 
UNITED    STATES. 


THE  principal  task  which  I  had  imposed  upon  myself 
is  now  performed :  I  have  shown,  as  far  as  I  was  able, 
the  laws  and  the  manners  of  the  American  democracy. 
Here  I  might  stop  ;  but  the  reader  would  perhaps  feel  that 
I  had  not  satisfied  his  expectations. 

An  absolute  and  immense  democracy  is  not  all  that  we 
find  in  America ;  the  inhabitants  of  the  New  World  may 
be  considered  from  more  than  one  point  of  view.  In  the 
course  of  this  work,  my  subject  has  often  led  me  to  speak 
of  the  Indians  and  the  Negroes :  but  I  have  never  had  time 
to  stop  in  order  to  show  what  place  these  two  races  occupy 
in  the  midst  of  the  democratic  people  whom  I  was  engaged 
in  describing.  I  have  shown  in  what  spirit  and  according 
to  what  laws  the  Anglo-American  Union  was  formed ;  but 
I  could  give  only  a  hurried  and  imperfect  glance  at  the 
dangers  which  menace  that  confederation,  and  could  not 
furnish  a  detailed  account  of  its  chances  of  duration  in- 
dependently of  its  laws  and  manners.  When  speaking 
of  the  united  repviblics,  I  hazarded  no  conjectures  upon 
the  permanence  of  republican  forms  in  the  New  World  ; 
and  when  making  frequent  allusion  to  the  commercial 
activity  which  reigns  in  the  Union,  I  was  unable  to  in- 
quire into  the  future  of  the  Americans  as  a  commercial 
people. 


THE  THREE  RACES  IN  THE  UNITED  STATES. 


4-25 


Tlicse  topics  are  collaterally  connected  with  my  sul)ject 
without  forming  a  part  of  it ;  they  are  American,  without 
being  democratic ;  and  to  portray  democracy  has  heen  my 
principal  aim.  It  was  therefore  necessary  to  j)ostpone 
these  questions,  Avhich  I  now  take  up  as  the  proper  termi- 
nation of  my  work. 

The  territory  now  occupied  or  claimed  by  the  American 
Union  spreads  from  the  shores  of  the  Atlantic  to  those  of 
the  Pacific  Ocean.  On  the  east  and  west,  its  limits  are 
those  of  the  continent  itself  On  the  south,  it  advances 
nearly  to  the  Tropics,  and  it  extends  u})ward  to  the  icy 
regions  of  the  North. 

The  human  beings  who  are  scattered  over  this  space  do 
not  form,  as  in  Eurojie,  .  o  many  branches  of  the  same 
stock.  Three  races,  naturally  distinct,  and,  I  might  almost 
say,  hostile  to  each  other,  are  discoverable  amongst  them  at 
the  first  glance.  Almost  insiu'mountable  barriers  had  been 
raised  between  them  by  education  and  law,  as  well  as  by 
their  origin  and  outward  characteristics  ;  but  fortune  has 
brought  them  together  on  the  same  soil,  where,  although 
they  are  mixed,  they  do  not  amalgamate,  and  each  race 
fulfils  its  destiny  a])art. 

Amongst  these  widely  differing  families  of  men,  the  first 
which  attracts  attention  —  the  superior  in  intelligence,  in 
power,  and  in  enjoyment  —  is  the  White,  or  European,  the 
MAN  pre-eminently  so  called  ;  below  him  appear  the  Negro 
and  the  Indian.  These  two  unhappy  races  have  nothing 
in  common,  neither  birth,  nor  features,  nor  language,  nor 
habits.  Their  only  resemblance  lies  in  their  misfortunes. 
Both  of  them  occupy  an  equally  inferior  position  in  the 
country  they  inhabit ;  both  suffer  from  tyranny ;  and  if 
their  wrongs  are  not  the  same,  they  originate  from  the 
same  authors. 

If  we  reasoned  from  what  passes  in  the  world,  we  should 


1 


fir:  r; 


:I'.        !•      I'-l- 


T''    ! 


;.M     1^ 


I' 


j'i^,U 


42G 


DKMOCUACY   IN  AMERICA. 


i?.ii  ■ 


,!.;> 


":  i: 


almost  say  tliat  the  European  is  to  tlie  other  races  of  man- 
kind wliat  man  himself  is  to  the  lower  animals  :  he  makes 
them  subservient  to  his  use,  and  when  he  cannot  subdue, 
lie  destroys  them.  Oppression  has,  at  one  stroke,  deprived 
the  descendants  of  the  Africans  of  almost  all  the  privileges 
of  humanity.  The  Negro  of  the  United  States  has  lost 
even  the  remembrance  of  his  country ;  the  language  which 
his  ibretiithers  spoke  is  never  heard  around  him  ;  he  ab- 
jured their  religion  and  forgot  th<^ir  customs  when  he 
ceased  to  belong  to  Africa,  without  acquiring  any  claim 
to  European  privileges.  But  he  remains  half-way  between 
the  two  communities,  isolated  between  two  races ;  sold  by 
the  one,  rei)ulsed  by  the  otiier ;  finding  not  a  spot  in  the 
uni\erse  to  call  by  the  name  of  country,  except  the  taint 
imajre  of  a  home  which  the  shelter  of  his  master's  roof 
affords. 

The  Negro  has  no  family :  woman  is  merely  the  tem- 
porary com])anion  of  his  pleasures,  and  his  children  are  on 
an  e(j[uality  with  himself  from  the  moment  of  their  bir*;h. 
Am  1  to  call  it  a  proof  of  God's  mercy,  or  a  visitation  of 
his  wrath,  that  man,  in  certain  states,  appears  to  be  insen- 
sible to  his  extreme  wretchedness,  and  almost  obtains  a 
depraved  taste  for  the  cause  of  his  misfortunes  ?  The 
Negro,  plunged  in  this  abyss  of  evils,  scarcely  feels  his 
own  calamitous  situation.  Violence  made  him  a  slave, 
and  the  habit  of  servitude  gives  him  the  thoujihts  and 
desires  of  a  slave  ;  he  admires  his  tyrants  more  than  he 
hates  them,  and  finds  his  joy  and  his  pride  in  the  servile 
imitation  of  those  who  oppress  him.  His  understanding 
is  degraded  to  the  level  of  his  soul. 

The  Negro  enters  upon  slavery  as  soon  as  he  is  born  ; 
nay,  he  may  have  been  purchased  in  the  womb,  and  have 
begun  his  slavery  before  he  began  his  existence.  Equally 
devoid  of  wants  and  of  enjoyment,  and  useless  to  himself, 
he  learns,  with  his  first  notions  of  existence,  that  he  is  the 


THK    TIIRKK   RACKS   IN    TIIK    INnKI)   STATKS. 


427 


j)r()[)orty  of  anotlicr,  who  lias  an  intori'st  in  pivsi-rviiig  Ins 
liti',  and  that  tliu  care  of  it  doos  not  devolve  npon  himself; 
even  the  power  of  thonght  appeal's  to  him  a  iisi'Iess  gift 
of  Providen('(?,  and  he  qnietly  enjoys  all  the  privileges  of 
liis  dehasenient. 

If  he  becomes  free,  independence  is  often  felt  hy  him 
to  be  a  heavier  burden  than  slavery ;  for,  having  learned, 
in  the  course  of  his  life,  to  submit  to  everything  excejit 
reason,  he  is  too  unacquainted  with  her  dictates  to  obey 
them.  A  thousand  new  desires  beset  him,  and  he  has  not 
the  knowledge  and  energy  necessary  to  resist  tliein :  these 
are  masters  which  it  is  necessary  to  contend  with,  and  he 
has  learnt  only  to  submit  and  obey.  In  short,  he  is  sunk 
to  such  a  depth  of  wretchedness,  that,  while  servitude  bru- 
talizes, liberty  destroys  him. 

()j)pression  has  been  no  less  fatal  to  the  Indian  than 
to  the  Negro  race,  but  its  effects  are  diiferent.  Before 
tlie  arrival  of  white  men  in  the  New  World,  the  inhab- 
itants of  North  America  lived  quietly  in  their  woods,  en- 
during the  vicissitudes  and  practising  the  virtues  and  vices 
common  to  savage  nations.  The  Europeans,  having  dis- 
persed the  Indian  tribes  and  driven  them  into  the  deserts, 
condemned  them  to  a  wandering  life,  full  of  inexpressible 
sufferinrjs. 

Savage  nations  are  only  controlled  by  .opinion  and  cus- 
tom. When  the  North  American  Indians  had  lost  the 
sentiment  of  attachment  to  their  country  ;  when  their  fami- 
lies were  dispersed,  their  traditions  obscured,  and  the  chain 
of  their  recollections  broken  ;  when  all  their  habits  were 
changed,  and  their  wants  increased  beyond  measure,  — 
European  tyranny  rendered  them  more  disorderly  and 
less  civilized  than  they  were  before.  The  moral  and 
physical  condition  of  these  tribes  continually  grew  worse, 
and  they  became  more  barbarous  as  they  became  more 
wretched.      Nevertheless,  the   Europeans  have   not   been 


i    iV;: 


I'm  V 


,■;:;•.;    , 


fi;.<l 


'■■M 


luft;-,.ii 


i 


I't  1  i 


I  u 


;  11 


\        i 


428 


DKMOCRACV    IN   AMKRICA. 


able  to  ('linnn;o  the  cliiiriictcM'  of  tlie  Indians  ;  and,  tliouf;li 
they  have  had  power  to  destroy,  tliey  liave  never  been 
able  to  subdue  and  eivili/.e  them. 

The  lot  of  the  Nei^ro  is  placed  on  the  extreme  limit 
of  ser\  itude,  while  that  of  the  Indian  lies  on  the  utter- 
most ver^e  of  liberty  ;  and  slavery  does  not  produce  more 
fatal  effects  upon  the  first,  than  independence  ujxm  the 
second.  The  Nef>;ro  has  lost  all  pro])erty  in  his  own 
person,  and  he  cannot  dispose  of  his  existence  without 
conunittino;  a  sort  of  fraud.  But  the  savaoe  is  his  own 
master  as  soon  as  he  is  able  to  act  ;  parental  authority 
is  scarcely  known  to  him;  he  has  never  bent  his  will  to 
that  of  any  of  his  kind,  nor  learned  the  difference  between 
voluntary  obedience  and  a  shameful  subjection  ;  and  the 
very  name  of  law  is  unknown  to  him.  To  be  free,  with 
him,  siiTiiifies  to  escape  from  all  the  shackles  of  society. 
As  he  deli<:hts  in  this  barbarous  independence,  and  would 
rather  perish  than  sacrifice  the  least  part  of  it,  civilization 
has  little  hold  over  him. 

The  Negro  makes  a  thousand  fruitless  efforts  to  insinuate 
himself  amongst  men  who  repulse  him  ;  he  conforms  to  the 
tastes  of  his  oppressors,  adopts  their  opinions,  and  hopes  by 
imitating  them  to  form  a  part  of  their  community.  Hav- 
ing been  told  from  infancy  that  his  race  is  natiu'ally  inferior 
to  that  of  the  Avhites,  he  assents  to  the  proposition,  and  is 
ashamed  of  his  own  nature.  In  each  of  his  features  he 
discovers  a  trace  of  slavery,  and,  if  it  were  in  his  power, 
he  would  willingly  rid  himself  of  everything  that  makes 
him  what  he  is. 

The  Indian,  on  the  contrary,  has  his  imagination  inflated 
with  the  pretended  nobility  of  his  origin,  and  li\es  and  dies 
in  the  midst  of  these  dreams  of  pride.  Far  from  desiring 
to  conform  his  habits  to  ours,  he  loves  his  savage  life  as  the 
distinguishing  mark  of  his  race,  and  repels  every  advance 
to  civilization,  less,  perhaps,  from  hatred  of  it,  than  from 


TIIF.    TIIRKF,   RACKS   IN   Till:    VNIIKD   STATUS. 


120 


a  (Irond  of  ivsi'iiihlinj;  tlio  Europoans.*  Wliil**  lie  lias 
iKttliiii^  to  ()]){)()so  to  our  porli'ctioTi  in  flu*  arts  Imt  tlu? 
rosources  of  tlio  dcsiTt,  to  our  tactics  notliiuii'  l)Ut  undisci- 
plincd  coui'aiic,  —  whilst  our  \v('li-(lio;('stc(l  plans  arc  met 
only  liv  the  sjiontancous  instincts  of  savaii'c  life,  —  who 
can   wondci"  if  he  fiiils  in   this  nne(|ual  contest  ? 

The  Neijro,  who  carni'stly  desires  to  niinLi'le  his  i-ace 
with  that  of  the  Euroj)ean,  cannot  <1"  so  ;  while  the  In- 
dian, who  miiiht  succeed  to  a  certain  extent,  disdains  to 
make  tho  atteni^jt.  The  servility  of  the  one  dooms  him 
to  slavery,  the  pride  of  the  other  to  death. 

I  renu'inher  that,  while  I  was  travellinjj^  throni;li  tho 
forests  which   still  cover  tlie  State  of  Alahama.  I  arrived 


i:t 


*  'I'lic  niitive  of  North  Amerira  retains  his  opinions  and  tlie  most  insip- 
niticuiit  of  iiis  hal)its  witli  a  di';;rec  of  tenacity  which  has  no  imnillel  in 
liistory.  For  more  than  two  Imndred  years,  the  wanderinj.^  trihcs  of  North 
America  have  liad  daily  intercourse  witli  the  wliites,  and  tlicy  have  never 
derived  from  tliem  a  custom  or  an  idea.  Yet  the  Europeans  have  exercised 
a  powerful  infhience  over  tlie  sava<jes  :  tiiey  liavc  made  them  more  licen- 
tious, hut  not  more  European.  In  the  summer  of  1831,  I  happened  to  1)6 
lieyond  Lake  Michij^an,  at  a  place  called  Green-Bay,  wliieli  serves  as  the 
extreme  frontier  hetv/een  the  United  States  and  the  Indians  of  the  North- 
west. Here  I  hecame  acfpuiinted  with  an  American  ofticer,  Major  II.,  who, 
after  talkintr  to  me  at  lenj^th  about  the  iiiHcxiliility  of  the  Indian  character, 
related  the  followinj;  fact:  "I  formerly  knew  a  younj^  Indian,"  said  ho, 
"  who  had  heeii  educated  at  a  eolleij;e  in  New  Enj;land,  when'  lie  had  ^a-eatly 
distiii<^uished  himself,  and  had  ac(inired  the  external  appearance  of  a  civil- 
ized man.  When  the  war  hroke  out  lietwcen  ourselves  and  tlie  Enj,^lish  in 
1812,  I  saw  this  young  man  ayain ;  he  was  serving;  in  our  anny,  at  the  head 
of  the  warriors  of  his  tribe;  for  the  Iiulians  were  admitted  amon<:st  the 
ranks  of  the  Americans,  on  condition  only  that  they  would  al)stain  from 
tiieir  horrible  custom  of  scalpinj::  their  victims.  On  the  evening  of  the  battle 
of  *  *  *^  (J.  came,  and  sat  himself  down  t)y  the  tire  of  our  bivouac.  I 
asked  him  what  had  been  his  fortune  that  day  :  he  related  his  exploits  ;  and 
growing  warm  and  animated  l»y  the  recollection  of  them,  he  concluded  by 
suddenly  opcTiing  the  breast  of  his  coat,  saying,  '  You  must  not  betray 
me:  —  sec  here!'  And  I  actually  beheld,"  said  the  Major,  "between  hi» 
body  and  his  sliirt,  the  skin  and  hair  of  an  English  head,  still  drii)ping  with 
blood." 


SMik\  ii 


:ii :;■'!'  II-. 
1  t 


480 


DIMoriJACY    IN    AMKRICA. 


m 


;i:' 


one  (lay  at  tlu;  l(>«;-li()use  of  a  pioneer.  I  did  n  visli  to 
peiietrnte  into  tin*  dw('iliii<;  of  the  Ameriran,  l)iit  retired 
to  rest  myself  for  a  while  oti  the  margin  of  a  sj)rin^,  which 
was  not  far  oft',  in  the  woods.  While  I  was  in  this  plaee, 
(which  was  in  the  nei^hhorhood  of  the  Creek  territory,) 
an  Indian  woman  api)i'ared,  followed  hy  a  Nen;rcss,  and 
holding  hy  the  hand  a  little  white  girl  of  five  or  six  years 
old,  who)n  I  took  to  be  the  daughter  of  the  pioneer.  A 
sort  of  harharons  Inxnry  set  off"  the  costume  of  the  Indian  ; 
rino;s  of  metal  were  hann-ino;  from  her  nostrils  and  ears ; 
her  hair,  which  was  adorned  with  glass  beads,  fell  loosely 
upon  her  shoulders ;  and  I  saw  that  she  was  not  married, 
for  she  still  wore  that  necklace  of  shells  which  the  bride 
always  deposits  on  the  nuptial  couch.  The  Negress  was 
clad  in  squalid  European  garments.  All  three  came  and 
seated  themselves  upon  the  banks  of  the  fountain  ;  and  the 
}oung  Indian,  taking  the  child  in  her  anns,  lavished  upon 
her  such  fond  caresses  as  mothers  give ;  while  the  Negress 
endeavored,  by  various  little  artifices,  to  attract  the  atten- 
tion of  the  young  Creole.  The  child  displayed  in  her 
slightest  gestures  a  consciousness  of  superiority  which 
formed  ji  strange  contrast  with  her  infantine  weakness ; 
as  if  she  received  the  attentions  of  her  companions  with 
a  sort  of  condescension.  The  Negress  was  seated  on  the 
ground  before  her  mistress,  watching  her  smallest  desires, 
and  apparently  divided  between  an  almost  maternal  affec- 
tion for  the  cliild  and  servile  fear ;  whilst  the  savage  dis- 
played, in  the  midst  of  her  tenderness,  an  air  of  freedom 
and  pride  which  was  almost  ferocious.  I  had  approached 
the  group,  and  was  contemplating  them  in  silence ;  but 
my  curiosity  was  probably  displeasing  to  the  Indian  wo- 
man, for  she  suddenly  rose,  pushed  the  child  roughly 
from  her,  and,  giving  me  an  angry  look,  plunged  into  the 
thicket. 

I  had  often  chanced  to  see  individuals  together  in  the 


rRFSKNT    AND    ITTrRK   CONDITIDX   OF   TIIK   INDIAN'S.    4ol 

siimc  iil.'U'c,  wlio  licloiirfcd  to  tlic  tliroo  races  wlildi  pcoplo 
North  America.  I  had  perceivefl  from  many  ditKrent 
traits  tlie  preponderaiire  of  tlie  wliites.  But  in  the  pic- 
ture wliicli  T  luive  just  l)een  (U'scrihiu^,  tliei-e  was  some- 
thin*;  peculiarly  touchinf];;  a  bond  of  ailectiou  lu'ro  miited 
the  oppressors  with  the  oppr(>ssed,  and  the  effort  of  Nature 
to  hrinii  them  totfether  rendered  still  more  striking  the 
immense  distance  placed  between  them  by  prejudico  and 
the  laws. 


,/H. 


1    1 


i  came  an( 


THE  PRESENT  AND  rROTIABT.E  FUTUllE  CONDTTION  OF  THE 
INDIAN  TRIBES  WHICH  INHARIT  THE  TERRITORY  POS- 
SESSED   BY   THE    UNION. 

Gradual  Disappearance  of  tlic  Native  Tribes.  —  Manner  in  which  it  takes 
place.  —  Miseries  accompanyin;^  the  forced  Miij;rations  of  the  Indians.  — 
The  Sava;^es  of  North  Amorira  had  only  two  Ways  of  escapint;  Destruc- 
tion, War  or  Civilization.  —  Thoy  arc  no  Ioniser  able  to  make  War. — 
Reasons  why  they  refused  to  become  Civilized  when  it  was  in  their 
Power,  and  why  they  cannot  become  so  now  that  they  desire  it.  —  In- 
stance of  the  Creeks  and  Cherokees.  —  Policy  of  the  particular  States 
towards  these  Indians,  —  Policy  of  the  Federal  Government. 

None  of  the  Indian  tribes  which  formerly  inhabited  the 
territory  of  New  Encjland  —  the  Narragansetts,  the  Mo- 
hicans, the  Peqiiods  —  have  any  existence  but  in  the  rec- 
ollection of  man.  The  Lenapes,  who  received  AVilliam 
Penn,  a  bimdred  and  fifty  years  ago,  upon  the  banks  of 
the  Deln  ^  are,  bave  disappeared  ;  and  I  myself  met  with 
the  last  of  the  Iroquois,  who  were  begging  alms.  The 
nations  I  have  mentioned  formerly  covered  the  country 
to  the  sea-coast ;  but  a  traveller  at  the  present  day  must 
penetrate  more  than  a  hundred  leagues  into  the  interior 
of  the  continent  to  find  an  Indian.  Not  only  have  these 
wild  tribes  receded,  but  they  are  destroyed ;  *  and  as  they 

*  In  the  tiiirtcen  original  States,  there  are  only  6,273  Indians  remaining. 


km 


h'  i\ 


ir 


wmm 


m ' 


^01 
!;:  ■   i 


ill 


432 


DEMOCRACY   IN    AMERICA. 


I'-- 


give  way  or  perish,  an  iininense  and  increasing  people  fill 
their  place.  There  is  no  instance  upon  record  of  so  pro- 
digious a  growth  or  so  ra})id  a  destruction  :  the  manner 
in  which  tlie  latter  change  takes  j)lace  is  not  difficult  to 
describe. 

When  the  Indians  were  the  sole  inhabitants  of  the  wilds 
whence  they  have  since  been  expelled,  their  wants  were 
few.  Their  arms  were  of  their  own  manufacture,  their 
only  drink  wa.s  the  water  of  the  brook,  and  their  clothes 
consisted  of  the  skins  of  animals,  whose  flesh  furnished 
them  with  food. 

The  Europeans  introduced  amongst  the  savages  of  North 
America  fire-arms,  ardent  s})irits,  and  iron :  they  taught 
them  to  exchano;e  for  manufactured  stuffs  the  rouo;h  ear- 
nients  which  had  ])reviously  satisfied  their  untutored  sim- 
})licity.  Having  acquired  new  tastes,  without  the  arts 
l)y  which  they  could  be  gratified,  the  Indians  were  obliged 
to  have  recourse  to  the  workmanship  of  the  whites ;  but 
in  return  for  their  ])roducti(ms,  the  savage  had  nothing  to 
offer  except  the  rich  furs  which  still  abounded  in  his  woods. 
Hence  the  chase  became  necessaiy,  not  merely  to  provide 
for  his  subsistence,  but  to  satisfy  the  frivolous  desires  of 
Europeans.  He  no  longer  hunted  merely  to  obtain  food, 
but  to  ])rocure  the  only  objects  of  barter  which  he  could 
offer.*  Whilst  the  wants  of  the  natives  were  thus  increas- 
ing, their  resources  continued  to  diminish. 

*  Messrs.  Clarke  and  Cass,  in  their  report  to  Cont^ress,  the  4th  of  Feb- 
ruary, 1829,  p.  2;5,  remarked  :  "  The  time  wlien  tlie  Indians  <j;enerally  could 
supply  tliem.selves  with  food  and  clotliin<r,  without  any  of  the  articles  of  civ- 
ilized life,  has  lonjf  since  passed  away.  The  more  remote  tril)es,  beyond  the 
Mississipjii,  who  live  where  immense  herds  of  buffalo  are  yet  to  be  found, 
and  who  follow  those  animals  in  their  periodical  mij;rations,  could  more 
easily  than  any  others  recur  to  the  hal)its  of  their  ancestors,  and  live  with- 
out the  white  man  or  any  of  his  manufactures.  But  the  buffalo  is  constantly 
recedinj;.  The  smaller  animals  —  the  bear,  the  deer,  the  beaver,  the  otter, 
the  musk-rat,  etc.  —  principally  minister  to  the  comfort  and  support  of  the 


IJ  t 


m 


I  Ih't!' 


PRESENT   AND    FU 1 URE    CONDITION   OF   THE    INDIANS.     4:13 


[}0})le  fil\ 
r  so  pro- 
manner 
fficult  to 

the  wilds 
mts  were 
ire,  their 
ir  clothes 
furnished 

of  North 
ey  tanght 
ongli  gar- 
ored  sim- 
the    arts 
're  obliged 
lutes ;  but 
nothing  to 
his  woods, 
to  provide 

desires  of 

itain  food, 
he  could 

LIS  increas- 


4tli  of  Feb- 
jncrally  could 
Irtifles  of  civ- 
Is,  beyond  the 
to  be  found, 
I,  could  more 
Ind  live  with- 
is  constantly 
lor,  the  otter, 
Ipport  of  the 


From  the  moment  when  a  European  settlement  is 
formed  in  the  neighborhood  of  the  territory  occu])ied  by 
tJie  Indians,  the  beasts  of  chase  take  the  alarm.*  Thou- 
sands of  savacjes,  wanderinji  in  the  forests,  and  destitute 
of  any  fixed  dwelling,  did  not  disturb  them  ;  but  as  so(m 
as  tlie  continuous  sounds  of  European  labor  are  heard  in 
their  neighborhood,  they  begin  to  flee  away,  and  rcti-H'  to 
the  West,  where  their  instinct  teaches  them  that  they  will 
still  find  deserts  of  immeasurable  extent.  "The  butiiilo 
is  constantly  receding,"  say  ^Messrs.  Clarke  and  Cass  in 
their  Report  of  the  year  1829 ;  "  a  few  years  since  they 
nj)i)roached  the  base  of  the  Alleghany  ;  and  a  few  years 
hence  they  may  even  be  rare  upon  the  .immense  plains 
which  extend  to  the  base  of  the  Rocky  Mountains."  I 
have  been  assured  that  this  effect  of  the  approach  of  the 
whites  is  often  felt  at  two  Inmdred  leamies'  distance  from 
their  frontier.  Their  influence  is  thus  exerted  over  tribes 
whose  name  is  unknown  to  them  ;  and  who  suffer  the  evils 

Indiims ;  and  these  cannot  be  taken  without  guns,  aninuinition,  and  traps. 
Among  the  "\orthwcstern  Indians,  particularly,  the  labor  of  sui)i)lyiiig 
a  family  with  food  is  excessive.  Day  after  day  is  spent  by  the  hunter  with- 
out success,  and  during  thi^  interval  his  family  must  subsist  upon  bark  or 
roots,  or  perish.  Want  and  misery  arc  around  them  and  among  them, 
ilauy  die  every  winter  from  actual  starvation." 

Tlie  Indians  will  not  live  as  Europeans  live ;  and  yet  they  can  neither 
snbsi:>t  without  them,  nor  exactly  after  the  fasiiion  of  their  fathers.  This  is 
(lcn\onstrated  by  a  fact  which  I  likewise  give  upon  oflicial  authority.  Some 
Indians  of  a  tribe  on  the  1)anks  of  Lake  Superior  had  killed  a  European  ; 
the  American  government  intei dieted  all  tralHc  with  the  tribe  to  wh'wh  the 
guihy  parties  i)eloiiged,  until  they  were  delivered  up  to  justice.  This  mca;;- 
urc  had  the  desired  eticct. 

*  "Five  years  ago,"  says  Volney  in  his  Tableau  dcs  Ktats-Unis,  p.  370, 
"  in  lioing  from  Vineennes  to  Kaskaskia,  a  territory  which  now  furms  part 
of  the  State  of  Illinois,  but  which  at  the  time  I  mention  was  completely 
wild  (1797),  you  "ould  not  cross  a  prairie  without  seeing  herds  of  from 
tour  to  five  hundred  butlaloes.  There  are  now  none  remaining ;  they  swam 
ucru.  s  ! be  Mississippi,  to  escape  from  the  himtcrs,  and  more  particularly  from 
the  bells  of  the  American  cows." 

19  «B 


■■rU 


'ii,:iiVfiliiM, 


'Wm 


434 


DEMOCRACY   IN   AMERICA. 


H   '  n' 


;»!■  '  r 


of  usurpation  long  before  thoy  are  acquainted  with  the 
authors  of  their  distress.* 

Bold  adventurers  soon  penetrate  into  the  country  the 
Indians  have  deserted,  and  when  they  have  advanced  about 
fifteen  or  twenty  leagues  from  the  extreme  frontiers  ol'  tlie 
wliites,  they  begin  to  build  hnbitations  for  civilized  beings 
in  the  midst  of  the  wilderness.  This  is  done  without  dif- 
ficulty, as  the  territory  of  a  hunting  nation  is  ill  defined ; 
it  is  the  common  property  of  the  tribe,  and  belongs  to  no 
one  in  particidar,  so  that  individual  interests  are  not  con- 
cerned in  protecting  any  part  of  it. 

A  few  European  families,  occupying  points  very  remote 
from  each  other,  soon  drive  away  the  wild  animals  which 
remain  between  their  places  of  abode.  The  Indians,  who 
had  previously  lived  in  a  sort  of  abundance,  then  find  it 
difficvdt  to  subsist,  and  still  more  difficult  to  procure  the 
articles  of  barter  which  they  stand  in  need  of.  To  drive 
away  their  game  has  the  same  effect  as  to  render  sterile  the 
fields  of  our  agriculturists  ;  deprived  of  the  means  of  sub- 
sistence, they  are  reduced,  like  famished  wolves,  to  prowl 
through  the  forsaken  w^oods  in  quest  of  prey.  Their  in- 
stinctive love  of  countrv  attaches  <^hem  to  the  soil  which 
gave  them  birth, f  even  after  it  has  ceased  to  yield  anything 

*  The  truth  of  wliat  I  here  advance  may  be  easily  proved  l)y  consulting? 
the  tahuhir  statcmei>t  of  Indian  tribes  inhabitinj?  tlie  United  States  and  tiieir 
territories.  (Legislative  Documents,  2Uth  Congress,  No.  117,  pp.  90-105.) 
It  is  there  sliown  tl.  it  the  tril)es  in  the  centre  of  America  are  rapidly  de- 
creasing, although  the  Eurojicans  are  still  at  a  considerable  distance  from 
them. 

t  "  The  Indians,"  say  Messrs.  Clarke  and  Cass,  in  their  Keport  to  Con- 
gress, p.  15,  "are  atta<'fied  to  their  country  by  the  same  feelings  which  l)ind 
U8  to  ours ;  and,  besides,  tliere  are  certain  superstitious  notions  connected 
with  the  alienation  of  what  the  Great  spirit  gave  to  their  ancestors,  which 
operate  strongly  upon  tiie  tril)es  who  have  made  few  or  no  cessions,  but 
which  are  gradually  weakened  as  our  intercourse  with  them  is  extended. 
'We  will  not  sell  the  spot  which  contains  the  bones  of  otu' fathers,'  is  almost 
always  the  lirst  answer  to  a  proposition  for  a  sale." 


fm 


nih   the 

itry  the 
jd  about 

rs  oC  the 

liont  (lif- 
defined ; 
cTs  to  no 
not  con- 

y  remote 
ills  which 
ians,  \vho 
m  find  it 
ocvu'e  the 
To  drive 
sterile  the 
lis  of  sub- 
to  prowl 
Their  in- 
soil  which 
I  anything 

In-  consnltiriK 
litcs  and  their 
L).  90-105.) 
|e  rapidly  dc- 
llistance  from 

[port  to  Con- 
Is  which  bind 
[ns  connected 
lestors,  which 
[cessions,  hut 
is  extended. 
Ivs,'  is  almost 


PRESFA'T    AND   FUTT'RE    CONDITTOX   OK    TIIi:    INDIANS.    43') 

but  miserv  and  death.  At  lenjjth,  thev  arc  conipcllcd  to 
a<'([nicsce  and  depart :  they  follow  tlie  traces  of  tiu'  elk, 
the  buffalo,  and  the  beaver,  and  are  miided  b\-  tlicsc  wild 
animals  in  the  choice  of  their  future  country.  I'roju'iiy 
speakincr,  therefore,  it  is  not  the  Europeans  who  dfi\c  awav 
the  natives  of  America  ;  it  is  famine;  —  a  liapjiy  distiiu - 
tion,  which  had  escaped  the  casuists  of  former  times,  and 
for  which  Ave  are  indebted  to  modern  discovery  I 

It  is  impossible  to  conceive  the  frio-htfid  suiferin<]^s  wliich 
attend  these  forced  mi<i;rations.  They  ari»  undertakeu  by  a 
peoy)le  already  exhausted  and  reduc(.'d  ;  and  the  countries 
to  which  the  new-comers  betake  themselves  arc  inhabited 
by  other  tribes,  which  receive  them  with  jt'alons  hostility. 
Hunger  is  in  the  rear,  war  awaits  them,  and  misciy  begets 
them  on  all  sides.  To  escape  from  so  many  enemies,  ihey 
separate,  and  each  indi\idual  endeavors  to  procure  secretly 
the  means  of  supporting  his  existence  by  isolating  himself, 
living  in  the  immensity  of  the  desert  like  an  outcast  in  civ- 
ili/x'd  society.  The  social  tie,  which  distress  had  long  sine-- 
weakened,  is  then  dissolved  ;  they  have  no  longer  a  coun- 
try, and  soon  they  will  not  be  a  pe()j)le  ;  their  very  families 
are  obliterated  ;  their  conunon  name  h  forgotten  ;  theij 
language  perishes  ;  and  all  traces  of  theli  '-igiu  disappear. 
Their  nation  has  ceased  to  exist,  excrpt  iii  ;he  lecoliection 
of  the  antiquaries  of  America,  and  a  i'cw  of  tlie  learned  of 
Europe. 

I  shoidd  be  sorry  to  have  my  readier  suppose  that  I  am 
coloring  the  picture  too  highly :  I  saw  with  my  own  -^yes 
many  of  the  miseries  which  I  have  just  described,  and  was 
the  witness  of  sufferings  wdiicli  I  have  not  the  })ower  to 
])ortray. 

At  the  end  of  the  year  18ol,  wdiilst  I  was  on  the  left 
bank  of  the  Mississippi,  at  a  })lace  named  by  Euroj)eans 
Memjihis,  there  arrived  a  numerous  band  of  (Miocuinvs  (or 
Chactas,  as  they  are  called  by  the  French  in  Louisiana). 


'I ! 


Ill 


'!     '    ,•11 


'ii  ! 


436 


UEMOCRACY   IN    AMERICA. 


These  savages  had  left  their  country,  and  were  endeavor- 
ing to  gain  tlie  right  bank  of  the  Mississippi,  wliere  they 
lioped  to  find  an  asylum  which  had  been  promised  tliem 
by  the  American  government.  It  was  then  the  middle  of 
winter,  and  the  cold  was  unusually  severe  ;  the  snow  had 
frozen  hard  uj)on  the  ground,  and  the  river  was  driftino- 
huge  masses  of  ice.  The  Indians  had  their  families  with 
them  ;  and  they  brought  in  their  train  the  wounded  and 
the  sick,  with  children  newly  born,  and  old  men  upon  the 
verge  of  death.  They  possessed  neither  tents  nor  wugons, 
but  only  tlieir  arms  and  some  provisions.  I  saw  them  em- 
bark to  pass  the  mighty  river,  and  never  will  that  solemn 
spectacle  fade  from  my  remembrance.  No  cry,  no  sob, 
was  heard  amongst  the  assembled  crowd  ;  all  were  silent. 
Their  calamities  were  of  ancient  date,  and  they  knew  them 
to  be  irremediable.  The  Indians  had  all  stepped  into  the 
bark  which  wan  to  carry  them  across,  but  their  dogs 
remained  upon  the  bank.  As  soon  as  these  animals  per- 
ceived that  their  masters  were  finally  leaving  the  shore, 
they  set  up  a  dismal  howl,  and,  plunging  all  together  into 
the  icy  w^aters  of  the  Mississippi,  swam  after  the  boat. 

The  ejectment  of  the  Indians  often  takes  place  at  the 
present  day  in  a  regular,  and,  as  it  were,  a  legal  manner. 
When  the  European  population  begins  to  approach,  the 
limit  of  the  desert  inhabited  by  a  savage  tribe,  the  gov- 
ernment of  the  United  States  usually  sends  forward  en- 
voys, who  assemble  the  Indians  in  a  large  plain,  and, 
having  first  eaten  and  drunk  with  them,  address  them 
thus  :  "  What  have  you  to  do  in  the  land  of  your 
fathers?  Before  long,  you  must  dig  up  their  bones  in 
order  to  live.  In  what  respect  is  the  country  you  inhabit 
better  than  another  ?  Are  there  no  w^oods,  marshes,  or 
prairies,  except  where  you  dwell  ?  And  can  you  live 
nowhere  but  under  your  own  sun  ?  Beyond  those  moun- 
tains which  you  see  at  the  horizon,  beyond  the  lake  which 


um 


PRESENT    AND   FUTURE   CONDITION    OF   THE   INDIANS.     4o7 

l)(iuntls  your  territory  on  the  west,  there  lie  vast  conn- 
tries  where  beasts  of  chase  are  yet  found  in  great  ahun- 
dance  ;  sell  us  your  lands,  then,  and  o;o  to  live  hap{)ilv 
in  those  solitudes."  After  holdino;  this  lanouage,  they 
sj)read  before  the  eyes  of  the  Indians  fire-arms,  woollen 
garments,  kegs  of  brandy,  glass  necklaces,  bracelets  of 
tinsel,  ear-rino-s.  and  lookinn;-oiasses.*  If,  when  thev  have 
beheld  all  these  riches,  thev  still  hesitate,  it  is  insinuated 
that  they  cannot  refuse  the  required  c(msent,  and  that 
the  o'overnment  itself  will  not  Ions  have  the  power  of 
protecting  them  in  their  rights.  What  are  they  to  do  ? 
Half  convinced  and  half  compelled,  they  go  to  inhabit 
new  deserts,  Avhere  the  importunate  whites  will  not  let 
them  remain  ten  years  in  peace.  In  this  manner  do  the 
Americans  obtain,  at  a  very  low  ])rice,  whole  provinces, 
which  the  richest  sovereigns  of  Europe  could  not  pur- 
chase, f 


*  See,  ill  the  Lefrislative  Documents  of  Conaress  (Doc.  117),  tlie  iiiirni- 
tivc  of  what  takes  phiee  on  these  occasions.  This  curious  passaue  is  i'mm 
the  formerly  mentioned  Report,  made  to  Congress  by  Messrs.  Clarke  and 
Cass,  in  February,  1829. 

"The  Indians,"  says  the  Report,  "rcich  the  treaty-ground  poor,  and  al- 
most naked.  LarLT  q\iaiititles  of  Lioods  arc  taken  there  by  the  traders,  and 
are  seen  and  (examined  by  the  Indians.  '!'he  women  and  eliiidren  l)ecomo 
importunate  to  have  tiieir  wants  supplied,  and  their  influence  is  soon  exerted 
to  indr  .  ■•.  sale.  Their  improvidence  is  habitual  and  uncoiKjuerable.  'J'lie 
gratification  of  his  immeiliaic  wants  and  desires  is  the  ruling  luission  of  an 
Indian.  The  expectation  of  future  advnntages  seldom  ])r(jduecs  inmli  etierr. 
Tiie  experience  of  the  past  is  lost,  and  the  [irospccts  of  tiie  future  disre^iard- 
ed.  It  would  be  utterly  hopeless  to  demand  a  cession  of  land,  uid^'ss  the 
means  were  at  hand  of  gratifying  their  immediate  wants  ;  and  when  tiieir 
condition  and  circumstances  are  fairly  considered,  it  ought  not  to  surprise  us 
that  they  are  so  anxious  to  relieve  themselves." 

t  On  the  19th  of  May,  1850,  Mr.  Edward  Everett  afflrmod  licfcre  the 
House  of  Representatives,  that  the  Americans  had  already  ac()uirod  by  ticctti/, 
to  the  east  and  west  of  the  Mississippi,  2.30,000,000  of  acres.  In  1808,  the 
Osages  gave  up  48,000,000  acres  for  an  annual  payment  of  1 ,000  d(illiu<. 
Li  1818,  the  Quapaws  yielded  up  20,000,000  acres  for  4,000  dollars.     They 


::^ 


m 


438 


DEMOCRACY   IN   AMERICA. 


Tliose  are  m'cat  evils ;  and  it  must  be  added  that  tlicy 
appear  to  me  to  be  irremediable.  I  believe  that  the 
Indian  nations  of  North  America  are  doomed  to  j)erish  ; 
and  that  whenever  the  Europeans  shall  be  established 
on  the  shores  of  the  Pac^ific  Ocean,  that  race  of  men  will 
have  ceased  to  exist.*  The  Indians  had  only  the  alter- 
nati/e  of  war  or  civilization  ;  in  other  words,  they  must 
either  destroy  the  Euro})eans  or  become  their  equals. 

At  the  first  settlement  of  the  colonies,  they  might  have 
found  it  possible,  by  uniting  their  forces,  to  deliver  them- 
selves from  the  small  bodies  of  strangers  who  landed  on 
their  continent.!     They  several  times  attempted  to  do  it, 


M 


i: 


f  ! 


!■  i 


•     ' 


,'ii  1 


reserved  for  themselves  a  territory  of  1,000,000  acres  for  u  hunti»i<i;-<;roiiii(l. 
A  solemn  oath  was  taken  tlmt  it  should  he  respeeted :  but;  before  !on<^  it  wiis 
invaded  like  the  rest. 

Mr.  Bell,  in  his  "  Report  of  the  Committee  on  Indian  Affiiirs,"  February 
24,  isyo,  has  these  words:  "To  pay  an  Indian  tiihe  what  thei..  ancient 
huntin<;-ti;ronnds  are  worth  to  them  after  the  {ianie  is  fled  or  destroyed,  as  a 
mode  o*^  ,vppro]iriatin<i;  wild  lands  claimed  by  Indians,  has  been  found  more 
conveiiioiit,  and  certainly  it  is  more  afyreeable  to  the  forms  of  justice,  as  well 
as  more  merciful,  than  to  assert  the  poss(!Ssion  of  them  by  the  sword.  Tims 
the  practice  of  buyiuj^  Indian  titles  is  but  the  substitute  which  humanity  and 
expediency  have  imposed,  in  place  of  the  sword,  in  arriving  at  the  actual 
enjoyment  of  projjerty  claimed  by  the  right  of  discovery,  and  sanctioned  i)y 
the  luitural  superiority  allowed  to  tlie  claims  of  civilized  communities  over 
those  of  savage  tribes.  Up  to  the  present  time,  so  invariable  has  been  the 
operation  of  certain  causes,  lirst  in  diminishing  the  value  of  forest  lands  to 
the  Indians,  and  secondly,  in  disposing  them  to  sell  readily,  that  the  plan  of 
bu}  ing  tlieir  right  of  occupancy  has  never  threatened  to  retard,  in  any  per- 
ceptible degree,  the  prosperity  of  any  of  the  States."  (IjCgislative  Docu- 
ments, 21st  Congres;-,  No.  237,  p.  6). 

*  This  seems,  i'.:uc.jd,  to  be  the  opinion  of  almost  all  American  states- 
men. "Judging  01  tl'C  future  by  the  jiiist,"  says  Mr.  Cass,  "we  cannot 
err  in  anticipating  a  progressive  diminution  of  their  numbers,  and  their 
eventual  extinction,  uidess  our  border  should  become  stationary,  and  they 
be  removed  beyond  it,  or  unless  some  radical  cliange  should  take  place  in 
the  principles  of  our  intercourse  with  them,  which  it  is  easier  to  hope  for 
than  to  expect." 

i  Amongst  other  warlike  enterprises,  there  was  one  of  the  Wampanoags, 


ntiu'v-ii'i"!)! 


PRKSKNT   AXD   FUTUUK    CONDITION    01'   TllK   INDIANS.    -ISl) 

and  wore  on  the  point  of  succeeding ;  but  the  dis})ropoi- 
tion  of  tlieir  resources  at  tlie  present  day,  wlien  compared 
witli  those  of  the  wliites,  is  too  great  to  allow  such  an 
enterprise  to  be  thou«j;ht  of.  But  from  time  to  time  amonii 
the  Indians,  men  of  sagacity  and  energy  foresee  the  final 
destiny  which  awaits  the  native  population,  and  exert 
themselves  to  unite  all  the  tribes  in  conunon  hostility  to 
the  Euroj)eans  ;  but  their  efforts  are  unavailing.  The 
tribes  which  are  in  the  Uv^'ghborhood  of  the  whites  ai'e 
too  much  weakened  to  oli'er  an  effectual  resistance  ;  whilst 
the  others,  giving  way  to  that  childish  carelessness  of  the 
morrow  which  characterizes  savaoe  life,  wait  for  the  near 
approach  of  danger  before  tlu'y  })repare  to  meet  it :  some 
are  unable,  others  are  unwilling,  to  act.   . 

It  is  easy  to  foresee  that  the  Indians  will  never  civilize 
themselves,  or  that  it  w'ill  be  too  late  when  they  may  be 
inclined  to  make  the  experiment. 

Civilization  is  the  result  of  a  long  social  process,  whicii 
takes  place  in  the  same  spot,  and  is  handed  down  from  one 
generation  to  another,  each  one  profiting  by  the  experience 
of  the  last.  Of  all  nations,  those  submit  to  civilization 
with  ihe  most  difficulty  who  habitually  live  by  the  chase. 
Pastoral  tribes,  indeed,  often  change  their  place  of  abode  ; 
but  they  follow  a  regular  order  in  tlieir  nn'grations,  and 
often  return  to  their  old  stations,  whilst  the  dwelling  of  the 
hunter  varies  with  that  of  the  animals  he  pursues. 

Several  attempts  have  been  made  to  diffuse  knowledge 
amono;st  the  Indians,  leavhio-  uncliecked  their  wanderino; 
propensities,  by  the  Jesviits  in  Canada,  and  by  the  Puritans 
in  New  England  ;  *  but  none  of  these  endeavors  have  been 


1 

'tk 

Wampanoags, 


and  other  coufederate  tribes,  under  Metaconi,  in  1675,  against  the  colonists 
of  New  England  ;  the  English  were  also  engaged  in  war  with  them  in  Vir- 
ginia in  1(522. 

*  See  the  historians  of  New  England,  the  Histoire  de  la  Nouvdle  France,, 
by  Charlevoix,  and  tlie  work  entitled  Lettrts  cJijianhs. 


I.:  fJil 


HI;; 


M 


0: 


'!,!■ 


440 


DKMOCliACY   IN  AMKUICA. 


crowned  by  any  lasting  success.  Civilization  bef^an  In  tlie 
cabin,  but  soon  retired  to  expire  in  the  woods.  The  great 
error  of  these  ley:islators  ol'  the  Indians  was  their  not  un- 
derstanding  that,  in  order  to  succeed  in  civilizing  a  i)eo])le, 
it  is  first  necessary  to  fix  them,  which  cannot  be  done  with- 
out induciuii'  them  to  cultivate  the  soil  ;  the  Indians  ouiiht 
in  the  first  place  to  have  been  accustomed  to  agriculture. 
But  not  only  are  they  destitute  of  this  indis[)ensable  pre- 
liminary to  civilization,  —  they  would  even  have  great  dif- 
ficulty in  acquiring  it.  Men  who  have  once  abandoned 
themselves  to  the  restle^is  and  adventurous  life  of  the 
hunter  feel  an  insurmountable  disgust  for  the  constant 
and  regular  labor  which  tillage  requires.  We  see  this 
proved  even  in  our  own  societies ;  but  it  is  far  more 
visible  among  races  whose  partiality  for  the  chase  is  a  part 
of  their  national  character. 

Independently  of  this  general  difficulty,  tliere  is  another, 
which  ap})lies  peculiarly  to  the  Indians.  They  consider 
labor  not  merely  as  an  evil,  but  as  a  disgrace ;  so  that  their 
pride  contends  against  civihzation  as  obstinately  as  their 
indolence.* 

There  is  no  Indian  so  wretched  as  not  to  retain  under 
his  hut  of  bark  a  lofty  idea  of  his  personal  worth  ;  he  con- 
siders the  cares  of  industry  as  degrading  occupations  ;  he 
compares  the  husbandman  to  the  ox  wdiich  traces  the  fur- 
row ;  and  in  each  of  our  handicrafts,  he  can  see  only  the 
labor  of  slaves.  Not  that  he  is  devoid  of  admiration  for 
the  power  and  intellectual  greatness  t)f  the  whites ;  but, 
although  the  result  of  our  efforts  surprises  him,  he  con- 

*  "In  all  the  tri'>cs,"  says  Volncy,  in  his  Tableau  des  Etats-Unis,  (p. 
423,)  "tliere  still  exists  a  generation  of  old  warriors,  who  cannot  fovbcar, 
when  they  sec  their  countrymen  using  the  hoe,  from  exclaiming  against  the 
degradation  of  ancient  manners,  and  asserting  that  the  savages  owe  tiieir 
decline  to  these  iuiiovatious ;  adding,  that  they  have  only  to  return  to  their 
primitive  habits,  in  oaler  to  recover  their  power  and  glory." 


If' '  i^i- 


.1  y^'.^ 


PRESENT   AND    FUTURE   CONDITION   OF   THE    INDIANS.    441 

toiiins  the  meuns  l)v  whicli  we  obtain  it ;  and  wliilo  lie 
acknowledges  our  ascendeney,  he  still  helieves  in  his  own 
superiority.  War  and  hiuiting  are  the  only  pursuits  which 
appear  to  liim  worthy  of  a  man.*  The  Indian,  in  the 
dreary  solitudes  of  hi-,  woods,  cherishes  the  same  ideas, 
the  same  opinions,  as  the  nohle  of  the  Middle  A^cs  in  his 
castle;  and  he  only  needs  to  become  a  con(|ueroi*  to  com- 
plete the  resend)lanci'.  Thus,  however  strange  it  may 
seem,  it  is  in  the  forests  of  the  New  World,  and  not 
amongst  the  Europeans  who  people  its  coasts,  that  t'le 
ancient  prejudices  of  l-^urope  still  exist. 

More  than  once,  in  the  course  of  this  Avork,  I  have 
endeavored  to  exj)lain  the  prodigious  influence  -which  the 
social  condition  appears  to  exercise  uj)on  the  laws  and 
the  manners  of  men  :  and  I  beo;  to  add  a  few  words  on 
the  same  subject. 

When  I  perceive  the  resemblance  which  exists  between 
the  political  institutions  of  our  ancestors,  the  Germans, 
and  the  wanderino;  tribes  of  North  America, — between 
the  customs  described  by  Tacitus,  and  those  of  which  I 
have  sometimes  been  a  witness,  —  I  cannot  help  thinking 
that  the  same  cause  has  brouoht  about  the  same  results  in 
both  hemispheres ;  and  that,  in  the  midst  of  the  apparent 


n 


If-. 


*  The  following  dcscrii)tion  occurs  in  an  ofKciiil  document :  "  Until  a 
young  man  lias  been  engaged  with  an  enemy,  and  has  performed  some  atts 
of  valor,  he  gains  no  consideration,  but  is  regarded  nearly  as  a  woman.  In 
their  great  war-dances,  all  the  warriors  in  succession  strike  the  post,  as  it  is 
called,  and  recount  their  exploits.  On  these  occasions,  their  auditory  lon- 
sists  of  the  kinsmen,  friends,  and  comrades  of  the  narrator.  The  profound 
impression  which  bis  discourse  produces  on  them  is  manifested  by  the  silcMit 
r,ttention  it  receives,  and  by  the  loud  shouts  which  hail  its  termination.  The 
young  man  who  finds  himself  at  such  a  meeting  without  anything  to  re- 
count is  very  unhappy ;  and  instances  have  sometimes  occurred  of  young 
warriors,  whose  passions  had  beeu  thus  inflamed,  quitting  the  war-dance 
suddenly,  and  going  otf  alone  to  seek  for  trophies  which  they  might  exhibit- 
and  adventures  which  they  might  be  allowed  to  relate." 
19* 


■1     ' 


442 


DEMOCRACY   IN'   AMKRICA, 


i'iff 


(liviTsity  of  Iminaii  afliiiis,  (M.'i'tain  jM'iiiiaiy  flicts  may  1k» 
(lisrovoivd,  from  wliicli  all  the  others  ai'o  (K'rived.  In 
what  we  usually  call  tlie  (iermau  institutions,  then,  I  am 
inclined  to  perceive  only  harharian  haliits,  and  the  opinions 
of  savages  in  what  wi'  style  feudal  principh... 

However  stronuly  the  vices  and  ]>rejudices  of  the  North 
American  Indians  may  be  ()})posed  to  their  becoming  agri- 
cultural and  civili/ed,  necessitv  sometimes  dri\('s  them  to 
it.  Several  of  the  (Southern  tribes,  considei'  My  numerous, 
and  amongst  (others  the  Cherokees  and  the  Creeks,*  fuum! 
themselves,  as  it  were,  surrounded  by  European  ,  who  bao 
landed  on  ihe  shores  of  the  Atlantic,  and,  either  descend- 
ing tlie  Ohio,  or  proceeding  up  the  ^lississippi,  arrived 
sinudtaneously  u})on  their  borders.  These  tribes  had  not 
been  dri\en  fnmi  place  to  place,  like  their  Northern  breth- 
ren ;  but  they  had  been  gradually  shut  up  within  narrow 
limits,  like  game  driven  into  an  enclosure  before  the  hunts- 
men plunge  among  them.  The  Indians,  wlio  were  thus 
placed  between  civilization  and  death,  found  themselves 
obliged  to  li\'e  ignominiously  by  labor,  like  the  whites. 
They  to'  k  to  agriculture,  and,  without  entirely  forsaking 
their  old  lud)its  or  manners,  sacrificed  only  as  much  as  was 
necessary  to  their  existence. 

The   Cherokees  went  further ;  they  created  a  written 


*  These  nations  are  now  swallowed  up  in  the  States  of  Georgia,  Tennes- 
see, Alabama,  and  Mississippi,  There  were  formerly  in  the  South  four 
great  nations  (remnants  of  wliich  still  exist),  the  Choctaws,  the  Chickasaws, 
tlie  Creeks,  and  the  Cherokees.  The  remnants  of  these  four  nations 
amounted  in  1830  to  altout  7o,t)00  individuals.  It  is  computed  that  there 
are  now  remaining  in  the  territory  OfeUj)ied  or  claimed  by  the  Anglo-Amer- 
ican Union  about  300,000  Indians.  (See  "Proceedings  of  t])e  Indian  Board 
in  the  City  of  New  York.")  The  official  documents  supplied  to  Congress 
make  the  number  amount  to  313,130.  The  reader  who  is  curious  to  know 
the  names  and  numerical  strength  of  all  the  tribes  which  inhabit  the  Anglo- 
American  territory  should  consult  the  documents  I  have  just  referred  to. 
(Legislative  Documents,  20th  Congress,  No.  117,  pp.  90-105.) 


Mi^ 


ts  may  l)o 
•ivc'd.  Ill 
hell,  I  am 
le  opinions 

tlie  Nortli 
>miu«'  a;;ri- 
's  tlicm  to 

n\nn('rou>, 
.'ks,*  found 
^,  wlio  lui«l 
n*  clescpntl- 
ipi,  arrivt  ,[ 
L^s  had  i.ot 
licrn  brotli- 
liin  narrow 
!  tlic  Imnts- 

\vere  thus 

themselves 
the  whites, 
forsaking 
mch  as  was 

a  written 

orgia,  Tcnnos- 
10  South  four 
c  Chickasaws, 

lour  nations 
ted  tiiat  there 

Anglo-AiTier- 

Iiidian  Board 
to  Congress 
irious  to  know 
bit  the  Anglo- 
st  referred  to. 

05.) 


PKESKNT   AND    FUTLUE   CONDITION   OF   THF   INDIANS.    443 

lan^iia<j;e,  cstahlislu'd  a  permanent  form  of  o^ovi'rnmcnt, 
and,  as  I'Vi'rytliing  proceeds  rapidly  in  tlie  New  \\'orld, 
])ef(»re  they  all  t»l'  them  had  clothes,  they  set  up  a  news- 
j)aper.* 

'J'he  di'vi'lopment  of  European  liahits  has  hci-n  nuieh 
accelerated  among  these  Indians  hy  the  mixed  ra<'*'  wliitdi 
has  sprung  up.f  Deriving  iiitelligenci'  from  the  tiither's 
side,  without  entirely  losing  the  savage  customs  of  the 
mother,  the  liull-hlood  forms  tlu;  natural  link  hrtwci'ii 
ci\  ilization  and  harhai'isiu.  Wherever  this  raei-  lias  unil- 
ti|)lied,  the  savam'  state  has  hcc  'ic  uiodilied,  and  a  iireat 
<'haiige  has  taken  })lace  in  the  m  is  of  tlu'  pco[)le.J 

*  I  lirought  hack  with  nie  to  France  one  or  two  copies  of  tiiis  singuhir 
])ul)lication, 

t  See,  ill  the  lioport  of  the  Coniniittee  on  Indian  Atfairs,  2Ist  Congress, 
No.  2:27,  p.  2.'},  the  reasons  for  tlie  niultipiication  of  Indians  of  mixed  Mood 
among  tlie  Cherokees.  The  principal  cause  dates  from  the  War  of  Iiidc- 
l)endence.  Many  Anglo-Americans  of  (Jeorgia,  having  taken  the  side  of 
Knghind,  were  ohiiged  to  retreat  among  the  Indians,  where  they  nuuTicd. 

t  Uniiappily,  the  mixed  race  has  heen  less  numerous  and  Icjs  inlluential 
in  North  America  than  in  any  other  country.  Tiie  American  continent 
was  j)eopled  hy  two  great  nations  of  Europe,  the  FriMich  and  tlic  English. 
The  former  were  not  slow  in  connecting  themselves  with  the  daughters  of 
the  natives  ;  hut  there  was  an  unfortunate  afHnity  hctwccn  the  Indian  char- 
acter and  their  own  :  instead  of  giving  the  tastes  and  hahits  of  civili/tMl  life 
to  the  savages,  the  French  too  often  grew  jtassionately  fond  of  Indian  life. 
They  became  the  most  dangerous  inhabitants  of  the  desert,  and  won  the 
friendship  of  the  Indian  by  exaggerating  his  vices  and  his  virtues.  M.  de 
Kenonville,  the  Governor  of  Canada,  wrote  thus  to  Louis  XIV.  in  IG8.')  : 
"  It  has  long  been  believed  that,  in  ortler  to  civilize  the  savages,  we  ought  to 
draw  them  nearer  to  us.  IJut  there  is  every  reason  to  suppose  we  have  been 
mistaken.  Those  which  have  been  brought  into  contaet  with  us  have  not  be- 
come F''rench,  and  the  i'rench  who  have  lived  among  them  are  changed  into 
savages,  affecting  to  dress  and  live  like  them."  ("History  of  New  France," 
by  Charlevoix,  Vol.  II.  p.  345.)  The  Englishman,  on  the  contrary,  con- 
tinuing ol)Stinately  attached  to  the  customs  and  the  most  insignificant  habits 
of  his  forefathers,  has  remained  in  the  midst  of  the  American  solitudes  just 
what  he  was  in  the  bosom  of  European  cities  ;  he  would  not  allow  of  any 
communication  with  savages  whom  he  despised,  and  avoided  with  care  the 


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■I'i 
V  t 


'k>? 


m 

i;  • ' 

i' 


1  ;  -r 


!  (   I 


f.j:: 


Tlie  success  of  the  Clierokees  proves  that  the  Indians 
are  cajjahle  of  civilization,  Init  it  does  not  prove  tliat  they 
will  succeed  in  it.  This  difficulty  which  the  Indians  find 
in  suhmittini!;  to  civilization  proceeds  from  a  general  cause, 
the  influence  of  which  it  is  almost  iini)ossil)le  for  them  to 
escape.  An  attentive  survey  of  liistory  demonstrates  that, 
in  general,  harharous  nations  have  raised  themselves  to 
civilization  by  degrees,  and  by  their  own  elforts.  When- 
ever they  derived  knowledge  from  a  foreign  ])eople,  they 
stood  towards  them  in  the  relation  of  conquerors,  and  not 
of  a  con([uered  nation.  AVhen  the  conipiered  nation  is 
enlightened,  and  the  con([uerors  are  half  savage,  as  in  the 
invasion  of  the  Roman  em})ire  by  the  Northern  nations, 
or  that  of  China  by  the  Mongols,  the  ])ower  which  victory 
bestows  upon  the  barbarian  is  sufficient  to  keej)  uj)  his 
importance  among  civilized  men,  and  permit  him  to  rank 
as  their  e(pial  until  he  becomes  their  rival.  The  one  has 
miiiht  on  his  side,  the  other  has  intellio-ence  ;  the  former 
admires  the  knowledge  and  the  arts  of  the  concpiered,  the 
latter  envies  the  power  of  the  conquerors.  The  barbarians 
at  length  admit  civilized  man  into  their  palaces,  and  he  in 
turn  opens  his  schools  to  the  barbarians.  But  when  the 
side  on  which  the  physical  force  lies  also  possesses  an  intel- 
lectual superiority,  the  conquered  party  seldom  become 
civilized  ;  it  retreats,  or  is  destroyed.  It  may  therefore 
be  said,  in  a  o;eneral  wav,  that  savaws  0:0  forth  in  arms 
to  seek  knowledo;e,  but  do  not  receive  it  when  it  comes 
to  them. 

If  the  Indian  tribes  which  now  inhabit  the  heart  of  the 
continent  could  summon  up  energy  enough  to  attempt  to 
civilize  themselves,  they  might  possibly  succeed.  Superior 
already  to    the  barbarous  nations  which    surround   them, 

union  of  his  race  with  theirs.  Thus,  while  the  French  exercised  no  salutary 
influence  over  the  Indians,  the  English  have  always  remained  alien  Irom 
them. 


PliKSKNT   AND    FUlUUfc:   COXDITION    Or    HIK    INDIANS.    445 


they  would  n;riulu;illy  "j^uin  stivngth  and  exporionoo,  and 
wlien  tlie  Europeans  should  appear  upon  tlioir  borders, 
they  would  be  in  a  state,  if  not  to  maintain  tlieir  indepen- 
dence, at  least  to  assert  their  right  to  the  soil,  and  to 
incorporate  themselves  with  the  conipierors.  But  it  is 
the  nn'sfbrtune  of  Indians  to  be  brouiiht  into  contact  with 
a  civilized  people,  who  are  also  (it  must  be  owned)  tlie 
most  n;ras|)ini£  nation  on  the  o-lobe,  whilst  thev  are  still 
semi-barbarian  ;  to  find  their  muoters  in  their  instructors, 
and  to  receive  knowledge  and  op})ression  at  once.  Living 
in  the  freedom  of  the  woods,  the  Nortli  American  Indian 
was  destitute,  but  he  had  no  feelin<i  of  inferioritv  towards 
any  one;  as  soon,  however,  as  he  desires  to  j)enetrate  into 
the  social  scale  of  the  whites,  he  can  only  take  the  lowest 
rank  in  society,  for  he  enters,  ignorant  and  j)oor,  witliin 
the  i)ale  of  science  and  wealth.  After  having  led  a  life 
of  aiiitation,  beset  with  evils  and  danwrs,  but  at  the  same 
time  filled  with  proud  emotions,*  he  is  obliged  to  submit 

*  There  is  in  tiie  adventurous  life  of  tlie  hunter  a  certain  irre.sistil)le 
charm,  which  seizes  the  iieart  of  man,  and  carries  him  away  in  spite  of  rea- 
son and  experience.  This  is  plainly  shown  by  the  "  IVIenioirs  of  Tanner." 
Tanner  was  a  European  who  was  carried  away  at  the  ajrc  of  six  hy  the  In- 
dians, and  remained  thirty  years  with  them  in  the  woods.  Xothinj;  can  lie 
conceived  more  appallinp:  than  the  miseries  which  he  descrihes.  lie  tells  us 
of  trii)es  witliout  a  chief,  families  without  a  nation  to  call  their  own,  men  in 
a  state  of  isolation,  wrecks  of  powerful  trilies  wandering'  at  random  amid  the 
ice  anil  snow  and  desolate  .solitudes  of  Canada.  llunj;er  and  cold  pursue 
tli«.Mii  ;  every  day  their  life  is  in  jeopardy.  Amon^-'st  these  men,  manners 
lia-e  lost  their  empire,  traditions  are  without  power.  They  become  more 
and  more  savajjre.  Tanner  shared  in  all  these  miseries  ;  he  was  aware  of 
Ills  European  orij:in  ;  he  was  not  kept  away  from  the  whites  by  force  ;  on 
the  contrary,  he  came  every  year  to  trade  witii  theia,  entered  their  dwellin;:s, 
and  witnes.sed  their  enjoynu'nts  ;  he  knew  tiiat  whenever  he  chose  to  return  to 
civilized  life,  he  was  perf(;ctly  able  to  do  so,  —  and  he  remained  thirty  years 
in  the  deserts.  When  he  came  into  civilized  society,  he  declared  that  the 
rude  existence,  the  miseries  of  which  he  described,  had  a  secret  charm  for 
him  which  he  could  not  define  :  he  returned  to  it  aL'aiii  and  ajrain  ;  at  lenj^th 
he  abandoned  it  with   poignant   regret ;  and   when  he  was  at  length   fixed 


m 


V    !l 


^ : 


'..    I      .!. 


fii  li 

m 


m 


m\ 


446 


DKMOcnACY    IN   AMFRICA. 


to  a  wearisome,  ohscurc,  and  (li'i^rafled  state.  To  oain  the 
bread  which  noiii'islies  him  hy  liard  and  ii;iiohK'  lahor,  — 
tliis  is  in  liis  eyes  tlie  only  residt  of  wliieli  (■i\ilization  can 
boast  ;  and  even  this  lie  is  not  always  sure  to  obtain. 

When  the  Indians  undertake  to  imitate  their  Euro))ean 
neighbors,  and  to  till  the  earth  like  them,  they  are  imme- 
diately exposed  to  a  formidable  eom[)etition.  The  white 
man  is  skilled  in  the  craft  of  agriculture ;  the  Indian  is  a 
rouiili  be<rinner  in  an  art  with  which  he  is  unac<|uainted. 
The  former  reaps  abundant  crops  without  difficulty,  the 
latter  meets  with  a  thousand  obstacles  in  raisinix  the  fruits 
of  the  earth. 

The  European  is  placed  amongst  a  population  whose 
wants  he  knows  and  partakes.  The  -ivage  is  isolated  in 
the  midst  of  a  liostile  people,  with  whose  manners,  lan- 
guage, and  laws  he  is  imj)erfectly  acquainted,  but  without 
whose  assistance  he  cannot  live.  He  can  only  procure  the 
materials  of  comfort  by  bartering  his  commodities  for  the 
goods  of  the  European,  for  the  assistance  of  his  country- 
men is  wholly  insufficient  to  supply  his  wants.  Thus, 
when  the  Indian  wishes  to  sell  the  i)roduce  of  his  labor, 
lie  cannot  always  find  a  purchaser,  whilst  the  European 
readily  obtains  a  market ;  the  former  can  only  produce  at 
considerable  cost  what  the  latter  sells  at  a  low  rate.  Thus 
the  Indian  has  no  sooner  escaped  those  evils  to  which  bar- 
barous nations  are  exposed,  than  he  is  subjected  to  the  still 
greater  miseries  of  civilized  communities  ;  and  he  finds  it 
scarcely  less  difficult  to  live  in  the  midst  of  our  abundance, 
than  in  the  depth  of  his  own  forest. 

among  the  whites,  several  of  his  children  refused  to  share  his  tranquil  and 
easy  situation.  I  saw  Tanner  myself  at  the  lower  end  of  Lake  Superior  : 
he  seemed  to  me  more  like  a  savajre  than  a  civilized  heing.  His  hook 
is  written  without  eitlier  taste  or  order  ;  hut  he  gives,  ev^n  unconsciously,  a 
lively  picture  of  the  prejudices,  the  passions,  the  vices,  and,  aliove  all,  the 
destitution,  iu  the  midst  of  which  he  lived. 


<. 


1 


PRF.SF.XT  ANi>  irni.'r.  (•o:\-i)rii(tN  of  tiii;  fndians.   -147 

lie  liiis  not  yot  lost  tlio  habits  of  liis  orrntic  lill' ;  tlio 
traditions  of  liis  fatlu-rs  aiul  liis  passion  for  \\\v  cliaso  are 
still  alivf  within  liiin.  The  wild  cnjoyinciits  which  fnr- 
morly  aiiiniated  him  in  the  woods  painfully  excite  his 
troubled  imagination  ;  the  j)rivations  which  he  endun-d 
there  appear  less  keen,  his  fbrmi'r  perils  less  appallini;. 
He  contrasts  the  inde])endence  which  he  possessed  am(»nii;st 
his  (Mjuals  with  the  si-rvile  position  which  he  occu])ies  in 
civili/ed  society.  On  the  other  hand,  the  solitudes  which 
were  so  lonij;  his  free  home  are  still  at  hantl :  a  few  hours' 
inarch  will  hrinij;  him  hack  to  them  once  mort'.  The 
whites  otter  hiin  a  siun,  which  seems  to  him  considerable, 
for  the  half-cleared  nround  whence  he  obtains  sustenance 
with  ditticulty.  This  money  of  the  Europeans  may  possibly 
enable  him  to  live  a  happy  and  tranquil  life  far  away  from 
them  ;  and  he  (puts  the  i)louL!;h,  resumes  his  native  arms, 
and  returns  to  the  wilderness  forever.*     The  condition  of 

*  Tliis  destructive  influence  of  hijilily  civilized  nations  upon  otiiers  wiiicli 
are  less  so,  lisis  lieen  observed  unionj^  tlie  Eurojieuns  themselves.  Aliout  u 
eontury  niso,  the  French  founded  the  town  of  VinccTines  upon  the  Walmsh, 
in  the  middle  of  the  desert ;  and  thoy  lived  there  in  preat  plenty,  until  the 
arrival  of  the  American  settlers,  who  first  ruined  the  previous  iidialutants  hy 
their  competition,  and  afterwards  purchased  their  lands  at  a  very  low  rate. 
At  the  time  when  M,  de  Volney,  from  whom  I  borrow  tiiese  details,  jtassed 
tiu'ou^di  Vincennes,  the  immher  of  the  Freiu'h  was  reduced  to  a  hundred 
individuals,  most  of  whom  were  about  to  migrate  to  Louisiana  or  to  Can- 
ada. These  French  settlers  were  worthy  people,  hut  idle  and  uninstructed  : 
they  had  contracted  many  of  the  habits  of  sava^^es.  The  Americans,  who 
were  ])erhaps  their  inferiors  in  a  moral  point  of  view,  were  innueasurably 
superior  to  them  iu  intelligence  :  they  were  industrious,  well  informed,  rich, 
and  accustomed  to  govern  their  own  community. 

I  myself  saw  in  Canada,  where  the  intellectual  difference  between  the  two 
races  is  le.ss  striking,  that  the  English  arc  the  masters  of  commerce  and  man- 
ufacture in  the  Caiuidian  country,  that  they  spread  on  all  sides,  and  confine 
tlie  French  within  limits  wliic  h  scarcely  suffice  to  contain  them.  In  like 
manner,  in  Louisiana,  almost  all  activity  iu  commerce  and  manufacture  cen- 
tres in  the  hands  of  the  Anglo-Americans. 

But  the  case  of  Te.\as  is  still  more  striking  :  the  State  of  Texas  is  a  part 


ma 


■'^'' 


I: 


:(■;  ii 


448 


DKMOCRACY   IN    AMKIUCW. 


tlie  Crocks  and  Cherokees,  to  wlildi  I  have  already  alhuk'd, 
sufiicioiitly  corroborates  tlic  trutli  of  this  sad  picture. 

The  Indians,  in  tlie  little  which  they  have  done,  luive  un- 
questionahly  displayed  as  much  natural  j^enius  as  the  })e()- 
j)lcs  of  Eurojie  in  their  greatest  undertakin<5s ;  but  nations 
as  well  as  men  reipiire  time  to  learn,  whatever  may  be 
their  intcllioence  and  their  zeal.  Whilst  the  savages  were 
endeavoring  to  civilize  themselves,  the  Europeans  contin- 
ued to  surroiuid  them  on  every  side,  and  to  confiJie  them 
within  narrower  limits  ;  the  two  races  (i-radnallv  met,  and 
they  are  now  in  innnediate  contact  with  each  other.  The 
Indian  is  already  superior  to  his  barbarous  parent,  but  lie 
is  still  far  below  his  white  nei<fhbor.  With  their  resour- 
ces  and  accpiired  knowledge,  the  Euro})eans  soon  appro- 
)»nated  to  themselves  most  of  the  advantages  which  the 
nati\es  might  have  derived  from  the  possession  of  the  soil: 
tlu'v  have  settled  among  them,  have  piu'chased  land  at  a 
low  rate,  or  have  occupied  it  by  force,  and  the  Indians 
ha\e  been  ruined  by  a  competition  which  they  had  not 
the  means  of  sustaininfj.  Thev  were  isolated  in  their  own 
country,  and  their  race  oidy  constituted  a  little  colony  of 
troublesome  strangers  in  the  midst  of  a  numerous  and 
dominant  people.* 

of  Mexico,  iiiul  is  upon  the  frontier  between  that  country  and  tlie  United 
State:).  In  the  course  of  tiic  hist  few  years,  tlie  Ani^lo-Aiiiericans  have 
penetrated  into  this  province,  which  is  still  thinly  peopled ;  they  purchase 
land,  tiicy  produce  the  commodities  of  the  country,  and  supplant  the  origi- 
nal population.  It  may  easily  he  foreseen,  that,  if  JNIexico  takes  no  stops  to 
check  this  change,  the  province  of  Texas  will  very  shortly  cease  to  belong 
to  t'lat  governineut. 

If  the  different  degrees  —  comparatively  slight  —  which  exist  iu  Euro- 
pean civilization  produce  results  of  such  magnitude,  it  is  easy  to  understand 
wliat  must  happen  when  the  most  perfect  European  civilization  comes  iu 
contact  with  Indian  l)arlmrism. 

*  See  in  tlie  Legislative  Documents  (21st  Congress,  No.  89)  instances  of 
excesses  of  every  kind  committed  by  the  whites  upon  the  territory  of  the 
Indians,  either  in  taking  possession  of  a  part  of  their  lands,  until  compelled 


lii 


y  alliulod, 
lire. 

,  have  un- 
!,  the  pec)- 
iit  nations 
r  may  be 
•a lies  were 
ns  contin- 
ifine  tlieni 
Y  met,  and 
her.     Tlie 
■nt,  but  lie 
v\y  resour- 
)on   api)ro- 
whieli  the 
jf  the  soil : 
land  at  a 
he  Indians 
■V  had  not 
I  their  own 
colony  of 
erous  and 


id  the  United 
lionciiiis  have 
dicy  puirlmsc 
hint  the  ori;.^i- 
|es  no  stt'its  to 
ISC  to  belong 

kist  iu  Euro- 
\o  understand 
Ion  comes  iu 

1  instances  of 
rritory  of  the 
Itil  coiupelled 


rRESF.NT    AND    rUTUIIK   CONDITION   OF    niK   INDIANS.    440 

AVasliinirton  said,  in  one  of  his  mossajjes  to  Cotiiiross, 
"  We  are  more  enli<jjhtened  and  more  j)o\verrid  than  the 
Indian  nations  ;  we  are  therefore  bonnd  in  honor  to  tri'at 
them  with  kindness,  and  even  with  n;(.>nerosiry."  lint  this 
virtiious  and  hi^h-minded  ])()li('y  has  not  ht'cn  followed. 
The  rapaoitv  of  the  settlers  is  nsnallv  hacked  hv  the 
tvraimy  of  the  government.  Althoudi  the  Cherokees 
and  the  Creeks  are  established  ni)on  tcrritorv  which  thcv 
inhabiti'd  bt'fore  the  arrival  of  the  Kuro])eans,  and  although 
the  Americans  have  frerpiently  treated  with  them  as  with 
foreii^n  nations,  the  snrronndinuj  States  have  not  been  w  ill- 
ini>;  to  acknowledge  them  as  an  independent  people,  and 
ha\'e  nndi'rtaken  to  snbject  these  children  of  the  woods  to 
Aniilo-American  ma»fistrates,  laws,  and  cnstoms.*  Desti- 
tntion  had  driven  these  nnibrtnnate  Indians  to  civilization, 
and  oppression  now  drives  them  back  to  barbarism :  many 

to  retire  hy  the  troops  of  Congress,  or  carrying  off  their  cattle,  burning  their 
houses,  cutting  down  their  corn,  and  doing  violence  to  tiieir  persons. 

The  Union  has  a  rcpresciuative  agent  contiinuilly  employed  to  reside 
among  the  Indians ;  and  the  rejmrt  of  the  Cherokee  agent,  which  is  among 
the  documents  I  have  referred  to,  is  almost  always  favorable  to  the  Indians. 
"  The  intrusion  of  whites,"  he  says,  "  upon  the  lamls  of  the  Cherokees  will 
cause  ruin  to  the  poor,  helpless,  and  inoffensive  inhal)itants."  And  he  fur- 
ther remarks  ujion  the  attempt  of  the  State  of  Georgia  to  establish  a  boun- 
dary line  for  the  country  of  the  Cherokees,  that  the  line,  having  i>cen  made 
by  the  whites  alone,  and  entirely  upon  ex  parte  evidence  of  their  several 
rights,  was  of  no  validity  whatever. 

*  In  1820,  the  State  of  Alabama  divided  the  Creek  territory  into  counties, 
and  subjected  the  Indian  population  to  Kin'o]ican  magistrates. 

In  1830,  the  State  of  Mississippi  assimilated  the  Choctaws  and  Chicka- 
saws  to  the  white  population,  and  dei'lared  that  any  of  them  wiio  should 
take  the  title  of  chief  should  be  punished  by  a  tine  of  1,000  dollars  and 
a  year's  imprisonment.  When  these  laws  were  announced  to  the  Choc- 
taws, who  inhabited  that  district,  the  trilie  assembled,  their  chief  commu- 
nicated to  them  the  intentions  of  the  whites,  and  read  to  them  some  of 
the  laws  to  which  it  was  intended  that  they  should  submit ;  and  they 
unanimously  declared  that  it  was  better  at  once  to  retreat  again  into  the 
wilds. 

CO 


I 


4:)0 


DKMOrRACV    IN    AMKIJICA. 


I- 


of  tlicm  ahnndnn  tlie  soil  wliicli  tliey  liad  begun  to  clear, 
and  return  to  the  habits  of  savan-e  life. 

If  we  consider  t..e  tyrannical  measures  which  have  been 
adopted  l»y  the  legislatures  of  the  Southern  States,  the  con- 
duct of  their  Governors,  and  the  decrees  of  their  courts  of 
justice,  we  shall  be  convinced  that  the  entire  expidsion  of 
the  Indians  is  the  final  result  to  which  all  the  eft'orts  of  their 
j)olicy  arc  directed.  The  Americans  of  that  part  of  the 
Union  look  with  jealousy  u})()n  the  lands  which  the  natives 
still  possess  ;  *  they  are  aware  that  these  tribes  have  not  yet 
lost  the  traditions  of  savajje  life,  and  before  civilization  has 
})ermanently  fixed  them  to  the  soil,  it  is  intended  to  force 
them  to  depart  by  reducing  them  to  despair.  The  Creeks 
and  Cherokees,  oppressed  by  the  several  States,  have  ap- 
pealed to  the  central  government,  which  is  by  no  means 
insensible  to  their  misfortunes,  and  is  sincerely  desirous 
of  saving  the  remnant  of  the  natives,  and  of  maintaininn; 
them  in  the  free  possession  of  that  territory  which  the 
Union  has  guaranteed  to  thc^m.f  But  the  several  States 
oppose  so  formidable  a  resistance  to  the  execution  of  this 
design,  that  the  government  is  obliged  to  consent  to  the  ex- 
tirpation of  a  few  barbarous  tribes,  already  half  destroyed, 
in  order  not  to  endanger  the  safety  of  the  American  Union. 

But  the  Federal  government,  which  is  not  able  to  pro- 
tect the  Indians,  would  fain  mitigate  the  hardships  of  their 
lot;  and,  with  this  intention,  it  has  undertaken  to  trans- 
port them  into  remote  regions  at  the  public  cost. 

*  The  Georfiians,  who  are  so  much  troubled  by  the  proximity  of  tlie  In- 
dians, inhabit  a  territory  which  docs  not  at  present  contain  more  than  seven 
inhabitants  to  the  square  mile.  In  France,  there  are  one  hundred  and  sixty- 
two  inhabitants  to  the  same  extent  of  country. 

t  In  1818,  Congress  appointed  commissioners  to  visit  the  Arkansas  ter- 
ritory, accompanied  by  a  dei)utation  of  Creeks,  Choctaws,  and  Chickasaws. 
This  expedition  was  commanded  by  Messrs.  Kennerly,  M'Coy,  Wash  Hood, 
and  John  Bell.  See  the  different  Rei)orts  of  the  Commissioners,  and  their 
journal,  in  the  Documents  of  Congress,  No.  87,  House  of  Representatives. 


to  dear, 

Ikivc  been 
<,  the  con- 
courts  of 
pulsion  of 
rts  of  tlioir 
lart  of  the 
the  natives 
ivc  not  yet 
ization  has 
0(1  to  force 
riic  Crocks 
i,  have  ap- 
'  no  moans 
'ly  desirous 
maintaining 
which   the 
v-eral  States 
tion  of  this 
it  to  the  ex- 
f  destroyed, 
lican  Union, 
ble  to  pro- 
ips  of  their 
n  to  trans- 
ost. 

lity  of  the  In- 
here than  seven 
Ircd  and  sixty- 
Arkansas  tcr- 
^d  Chickasaws. 
Wash  Hood, 
Incrs,  and  their 
[preseutatives. 


PKKSKNT    AND    FUTUHK   rONI)niON   OF   THK    INDIANS.    -I")l 

rJetwoon  tlio  -^'mI  and  fJTtli  doirrees  of  north  latitu(h',  a 
vast  tract  of  country  Hcs,  wliich  lias  taken  the  name  of 
Arkansas,  from  the  j)rincij>al  river  that  waters  it.  It  is 
Lounde(l  on  thi'  one  side  hy  the  confines  of  Mexico,  on  tlu* 
otlier  hy  the  Mississippi.  Numherless  stroiuns  cross  it  in 
every  direction  ;  the  climate  is  mild,  and  the  soil  jirodiic- 
tive,  and  it  is  inhabited  only  by  a  few  wanderini;'  hordes 
of  savam's.  The  o;o\ernment  of  the  l^nion  wishes  to 
transport  the  broken  remnants  of  tlie  indigenous  popida- 
tion  of  the  South  to  tlie  portion  of  this  country  which 
is  nearest  to  Miwico,  and  at  a  irreat  distanci'  from  the 
American   settlements. 

We  were  assured,  towards  the  end  of  the  yi'ar  IS:}!, 
that  10,000  Indians  had  alreadv  ^.^nw  to  the  shores  of  thc^ 
Arkansas,  and  fresh  detachments  were  constantly  follow- 
in<;  them.  But  Conj^ress  has  been  unable  to  create  a  unan- 
imous  determination  in  those  whom  it  is  disposed  to  protect. 
Some,  indeed,  Joyfully  consent  to  quit  the  seat  of  o[)pres- 
sion  ;  but  the  most  enhVhtened  members  of  the  connnunitv 
refuse  to  abandon  their  recent  dwelliuijs  and  their  spring- 
ing croj)s  ;  they  are  of  o])inion  that  the  work  of  civiliza- 
tion, once  interrupted,  will  never  be  resumed  ;  they  fear 
that  those  domestic  habits  which  hav  been  so  recently 
contracted  may  be  irrevocably  lost  in  the  midst  of  a  coun- 
try which  is  still  barbarous,  and  where  nothing  is  pre})ared 
for  the  subsistence  of  an  agricultural  people ;  they  know 
that  their  entrance  into  those  wilds  will  be  o])posed  by 
hostile  hordes,  and  that  they  have  lost  the  energy  of  bar- 
barians, without  having  yet  acquired  the  resources  of  civ- 
ilization to  resist  their  attacks.  IMoreover,  the  Indians 
readily  discover  that  the  settlement  which  is  proposed  to 
them  is  merely  temporary.  Who  can  assure  them  that 
they  will  at  length  be  allowed  to  dwell  in  peace  in  their 
new  retreat  ?  The  United  States  pledge  themselves  to 
maintain   them  there  ;  but  the  territory  wdiich  they  now 


WB 


^*!r  ii; 


L'ltory 


a 


u 


■n 


\'^^ 


452 


I)i;.M()('l{A("Y    IN*    A.MKIMCA. 


occupy  was  fonucrly  secured  to  tlicin  liy  tlu'  most  solcnui 
oatlis.*  Tiic  Auu'ricaii  <^ovcrMnK'Ut  docs  not  indeed  now 
roll  them  of  tlieir  lands,  hut  it  allows  perpetual  encroach- 
ments on  them.  In  a  few  years,  the  same  white  jiopida- 
tion  which  now  flocks  aroimd  them  will  douhtkss  track 
them  anew  to  the  solitudes  of  the  iVrkansas  ;  they  will 
then  he  exjiosed  to  the  same  evils,  without  the  same  reme- 
dies ;  and  as  the  limits  of  the  earth  will  at  last  fail  them, 
their  only  refu<j;(.'  is  the  <j;rave. 

'J'he  Union  treats  the  Indians  with  less  cu})idity  and 
vi«)lence  than  the  several  States,  hut  the  two  ^overmnents 
are  alike  deticient  in  }i;ood  liiith.  The  States  extend  what 
they  call  the  henefits  of  their  laws  to  the  Indians,  heliev- 
inii;  that  the  trihes  will  recede  rather  than  suhmit  to  them ; 
and  the  central  government,  which  jiromises  a  permanent 
refuse  to  these  unhapjiy  beings  in  the  West,  is  well  aware 
of  its  inability  to  secure  it  to  them.f     Thus  the  tyranny 

*  Tlie  fifth  article  of  the  treaty  made  witli  the  Creeks  in  Au;;ust,  1790,  is 
in  the  followinj^  words :  "  The  United  States  solemnly  {rnarantee  to  the 
Creek  nation  all  their  land  within  the  limits  of  the  United  States. 

The  seventli  article  of  the  treaty  concluded  in  1791  with  the  Cherokees 
says  :  "  The  United  States  solemnly  guarantee  to  tiie  Cherokee  nation  all 
their  lands  not  hereby  ceded."  The  following  article  declared  that,  if  any 
citizen  of  the  United  States,  or  other  settler  not  of  the  Indian  race,  should 
estalili.sli  himself  upon  the  territory  of  the  Cherokees,  the  United  States 
would  withdraw  their  protection  from  that  individual,  and  give  him  up  to  be 
punislied  as  the  Cherokee  nation  should  think  tit. 

t  This  does  not  prevent  them  from  promising  in  the  most  solemn  manner 
to  do  so.  See  the  letter  of  the  President  addressed  to  the  Creek  Indians, 
23d  March,  1829.  "Beyond  the  great  river  Mississippi,  where  a  part  of 
your  nation  has  gone,  your  father  has  provided  a  country  large  enough  for 
all  of  you,  and  he  advises  you  to  remove  to  it.  There  your  white  brothers 
will  not  troul)le  you ;  they  will  have  no  claim  to  the  land,  and  you  can  live 
upon  it,  you  and  all  your  children,  as  long  as  the  grass  grows,  or  the  water 
runs,  in  peace  and  plenty.     It  will  be  yours  forever." 

The  Secretary  of  War,  in  a  letter  written  to  the  Cherokees,  April  18th, 
1829,  declares  to  them  that  they  cannot  expect  to  retain  possession  of  the 


t  solemn 
oi'd  now 
'Hcroiich- 

•     J)0|Hlltl- 

L'ss  track 
tlicy  will 
UK'  n-nie- 
•ail  tliein, 

idity  and 
.ornnRMits 
tend  what 
lis,  boliov- 
to  tluMn ; 
pi'mianont 
veil  awaro 
,e  tyranny 

•just,  1790,  is 
Viintce  to  the 
:es. 

le  Clicrokees 
ec  nation  all 
il  tliat,  if  any 
\\  race,  should 
nited  States 
him  up  to  be 

llemn  manner 

Ircek  Indians, 

[re  a  part  of 

Tc  enough  for 

^hite  brothers 

you  can  live 

or  the  water 

I,  April  18th, 
Icssion  of  the 


rHKSKNT    AND    rLilKi;   CONIUTION    OF    1111'.    INDIANS.      [')'.) 

of  tile  States  obli^i's  the  savages  to  retii'e  ;  the  rnioii,  hv 
its  jironiises  and  resources,  fiicilitates  their  retri'at  ;  and 
these  ineasnres  tend  to  precisidv  the  same  end.* 

*'  By  tlie  will  of  oiu*  Father  in  llcavi'n,  the  (Inv- 
ernor  of  the  whole  world,"  said  the  Cheroki-es,  in  their 
petition  to  Conuri'ss,!  ''the  ri'd  man  of  America  has 
become  small,  and  the  white  man  oreat  and  I'eiiowned. 
When  the  ancestors  of  tlu;  pi'ople  of  thesi'  Uniti'd  States 
first  came  to  the  shores  of  America,  they  fonnd  tiie  re(l 
man  stroma:  thon^h  he  was  ignorant  and  savage,  yet  he 
received  them  kindly,  and  jiave  them  drv  land  to  rest 
their  wearv  feet.  'I'hey  met  in  peace,  and  shook  hands 
in  token  of  friendshij).  AVhaU'vc*  the  .white  man  wanted 
and  asked  of  the  Intlian,  the  latter  williniilv  iiave.  At 
that  time,  the  Indian  was  the  lord,  and  the  white  man 
the  snj)j)liant.  Bnt  now  the  scene  has  changed.  The 
streniith  of  the  red  man  has  become  weakness.  As  his 
nuiii'hbors  increased  in  nnmbers,  his  j)ower  becami'  less 
and  less ;  and  now,  of  the  many  and  ))owerful  tribes  who 
once  covered  these  United  States,  only  a  few  are  to  be 
seen,  —  a  few  whom  a  sweeping  pestilence  has  left.  The 
Northern  tribes,  who  were  once  so  nnmerons  and  pow- 
erful, are  now  nearly  extinct.     Thus  it  has  happened  to 

lands  at  tliat  time  occupied  by  them,  but  {z;ivcs  them  the  most  positive  assur- 
ance of  uninterrupted  peace  if  they  would  remove  beyond  the  Mississipiii  : 
as  if  tlic  i)0wcr  which  could  not  grant  them  protection  then,  would  lie  al)le 
to  att'ord  it  tiiem  hereafter ! 

*  To  obtain  a  correct  idea  of  tlie  policy  pursued  by  the  several  States  and 
the  Union  with  respect  to  the  Indians,  it  is  necessary  to  consult,  —  1st.  "  The 
Laws  of  the  Colonial  and  State  Governments  relating  to  the  Indian  Inhab- 
itants." (See  the  Legislative  Documents,  21st  Congress,  No.  319.)  2d. 
"  The  Laws  of  the  Union  on  the  same  subject,  and  especially  that  of  March 
30th,  1802."  (See  Story's  "Laws  of  the  United  States.")  3d.  « The 
Eeport  of  Mr.  Cass,  Secretary  of  War,  relative  to  Indian  Aftiiirs,  November 
29th,  1S23." 

t  December  18th,  1829. 


'■'■' \    V 


1  f" 

%  I 

■  i<  c 

|j; 

': 

1'  i^ 

4:>4 


I)i:m(jci:acy  in  amkuica. 


I    i 


the  n'd  man  of  Aiiu'rica.  Shall  wo,  who  iiru  ri'iiuiaiits, 
Bhari'  th»!  >aine  late  ? 

"The  land  on  winch  wo  stand  wo  have  rocoivod  as  an 
inJH'i'itanci'  IVoin  onr  latluTs,  who  jiossossod  it  from  time 
innncnioi'Iai,  as  a  ^ii't  from  onr  connnon  Fathrr  in  Heaven. 
They  hi(|ni'athod  it  to  ns  as  their  eiiildren,  and  wo  liaNo 
saci'edly  kept  it,  as  containin;;'  the  remains  of  onr  heloNed 
men.  This  ri^iit  of  iniii-ritaneo  wo  havo  novor  coded,  nor 
over  forfeited.  i*erniit  ns  to  ask,  what  hotter  ri^ht  can  tho 
})eo|>Ie  havi'  to  a  conntry  than  the  ri<:;ht  of  iidieritanci*  and 
innneinorial  peaceahU;  possession  ?  Wo  know  it  is  saiil 
of  late  hy  tho  State  of  Oeornia  and  hy  tho  Exocutivo  of 
the  I'nited  States,  that  wo  havo  I'orfoited  tliis  ri^ht ;  hut 
wo  think  tiiis  is  said  jiratnitcmsly.  At  what  time  havo  wo 
made  ti  10  forfeit  ?  What  eroat  crime  liav(^  wo  committod, 
wiierehy  wi;  must  forovor  be  divested  of  our  country  and 
riii'lits  ?  Was  it  when  wo  wore  hostile  to  the  United 
States,  and  took  part  with  tho  king  of  Groat  Britain, 
dui'ino;  tlio  strn<i<rlo  for  independence?  If  so,  why  was 
not  this  forfeiture  declared  in  tho  first  treaty  of  i)eaco 
between  the  United  States  and  our  beloved  men  ?  Why 
was  not  such  an  article  as  the  followinn;  inserted  in  the 
treaty :  '  Tho  United  States  give  peace  to  the  Cherokeos, 
but,  for  the  part  they  took  in  the  late  war,  declare  them 
to  be  but  tenants  at  will,  to  be  removed  when  the  conven- 
ience of  the  States  within  whose  chartered  limits  they  live 
shall  recpiire  it '  ?  That  was  the  i)roper  time  to  assume 
such  a  })ossession.  But  it  was  not  thought  of;  nor  would 
our  foretiithers  have  agreed  to  any  treaty  whose  tendency 
was  to  deprive  them  of  their  rights  and  their  country." 

Such  is  the  language  of  the  Indians:  what  they  say 
is  true  ;  what  they  foresee  seems  inevitable.  From  which- 
ever side  we  consider  the  destinies  of  the  aborigines  of 
North  America,  their  calamities  appear  irremediable :  if 
they  continue  barbarous,  they  are  forced  to  retire ;  if  they 


m 


riJLSr.NT   AND   FiniHIi  COXDinOX   OK  tin:   INDIANS.    4o5 

att('iii|)t  to  ('In  ili/A'  tlu'iiiM'lvos,  tlu*  (•(intact  ot'  a  iikuh'  civ- 
ilizi'd  cuiiunuMity  •^ulijccts  tlu'in  to  oppri'ssioii  and  di'stitu- 
tion.  riii'y  prrisli  it'  tlii'V  continni'  to  wander  from  waste 
to  waste,  and  it'  tlu-y  attempt  to  settle,  tlu'V  still  nnist  pei- 
isli.  'I'lie  assistance  (»!'  Hm"o|)eans  is  necessary  to  instrni't 
them,  hut  tlu;  apin'oaeh  of  Europeans  eoiTupts  and  n-pels 
them  into  savai^e  life.  Thev  refuse  to  chany-e  their  hahits 
as  loni;-  as  their  solitudes  are  their  own,  and  it  is  too 
late  to  change  tlu-m  when  at  last  they  are  constrained 
to  suhmit. 

The  Spaniards  pursued  the  Indians  with  hlood-hounds, 
like  wild  heasts  ;  they  sacked  the  New  AVorld  like  a  city 
taki'ii  hy  storm,  witli  no  discermnent  or  compassion  ;  hut 
destruction  must  cease  at  last,  and  fren/y  has  a  limit: 
the  riMunant  of  the  Indian  ])opulation  which  hail  escaped 
the  massacre  mixed  with  its  concinerors,  and  adoi)ted  in  the 


'ud  tl 


len*  reliii'ion   anc 


I  their  maimers.*     The  conduct  of 


the  Americans  of  the  United  States  towards  the  ahorii^ines 
is  characterized,  on  the  other  hand,  bv  a  sino;ular  attach- 
ment  to  the  formalities  of  law.  Pro\ided  that  the  Indians 
retain  their  barbarous  condition,  the  Americans  take  no 
l)art  in  their  affairs ;  they  treat  them  as  Independent 
natious,  and  do  not  possess  themselves  of  their  hunting- 
grounds  without  a  treaty  of  purchase  ;  ,md  if  an  Indian 
nation  happen  to  be  so  encroached  upon  as  to  be  imahle 
to  subsist  upon  tlieir  territory,  they  kindly  take  them  by 
the  hand  and  transport  them  to  a  grave  far  from  the  land 
of  their  fathers. 

The  Spaniards  were  unable  to  exterminate  the  Indian 
race  by  those  unparalleled  atrocities  which  brand  them 
with  indelible  shame,  nor  did  they  even  succeed  in  wholly 

*  The  honor  of  this  result  is,  however,  by  no  means  due  to  the  Spaniards. 
If  tiie  Indian  tribes  had  not  been  tillers  of  the  ground  at  the  time  of  the 
ai'rival  of  the  Europeans,  they  would  unciuestiouably  Jiave  been  destroyed  in 
South  as  well  as  in  North  America. 


!,  ! 


456 


DEMOCRACY    IN    AMKKICA. 


(Ic'jtriving  it  of  its  ri^lits ;  but  the  Americans  of  tlie  United 
States  liave  accomj>lished  tliis  twofold  j)urj)()se  with  singu- 
hir  fehcity,  tranquilly,  legally,  philanthro])ic'ally,  without 
shedding  Llood,  and  without  violating  a  single  great  prin- 
ci[)le  of  morality  in  the  ej^es  of  the  world.*  It  is  impos- 
sible to  destroy  men  with  more  respect  for  the  laws  of 
humanity. 


SITUATION  OF  THE  BLACK  POPULATION  IN  THE  UNITED 
STATES,  AND  DANGERS  WITH  WHICH  ITS  PRESENCE 
THREATENS    THE     WHITES. 

Why  it  is  more  difficult  to  abolish  Slavery,  and  to  efface  all  Vestiges  of  it 
amongst  the  Moderns,  than  it  was  amongst  the  Ancients.  —  In  the  United 
States,  the  Prejudices  of  tlie  Whites  against  the  Blacks  seem  to  increase 
in  Proportion  as  Slavery  is  abolished.  —  Situation  of  the  Negroes  in  the 
Northern  and  Southern  States.  —  Why  the  Americans  abolisii  Slavery. 
—  Servitude,  which  dcbu'^es  the  Slave,  impoverishes  the  Master.  —  Con- 
trast between  the  left  and  the  right  Bank  of  the  Ohio.  —  To  what  at- 
tributable. —  The  Black  Race,  as  well  as  Slavery,  recedes  towards  the 
South.  —  Explanation  of  this  Fact.  —  Difficulties  attendant  upon  the 
Abolition  of  Slavery  in  the  South. — Dangers  to  come.  —  General  Anx- 
iety. —  Foundation  of  a  Black  Colony  in  Africa.  —  Why  the  Americans 
of  the  South  increase  the  Hardships  of  Slavery,  whilst  they  are  distressed 
at  its  Continuance. 

The  Indians  will  perish  in  the  same  isolated  condition  in 
which  they  have  lived  ;  but  the  destiny  of  the  Negroes  is 
in  some  measure  interwoven  with  that  of  the  Europeans. 

*  See,  amongst  other  documents,  tlie  Report  made  by  Mr.  Bell  in  the 
name  of  the  Committee  on  Indian  Affiiirs,  February  24th,  1830,  in  which  it 
is  most  logically  estal)lished,  and  most  learnedly  proved,  that  "  the  funda- 
mental principle,  that  the  Indians  had  no  right,  by  virtue  of  their  ancient 
possession  either  of  soil  or  sovereignty,  has  never  been  abandoned  either  ex- 
pressly or  by  implication." 

In  perusing  this  Report,  which  is  evidently  drawn  up  by  a  skilful  hand, 


TRKSEXT   AND    FCTURE   CONDITION   OF   TIIK   NKGROES.     457 

These  two  mees  are  fastened  to  eacli  otlier  without  inter- 
minghiig  ;  and  they  are  ahke  unable  to  separate  entirely  or 
to  cond)iue.  The  most  fonnidable  of  all  the  ills  which 
threaten  the  future  of  the  Union  arises  from  the  presence 
of  a  black  })opulation  upon  its  territory ;  and  in  contem- 
plating the  cause  of  the  present  embarrassments,  or  the 
ftiture  dangers  of  the  United  States,  the  obscr\  er  is  inva- 
riably led  to  this  as  a  [)rimary  fact. 

Generally  sijeakiuii;,  men  must  make  great  and  unceasin"" 
efforts  before  permanent  evils  are  created  ;  but  there  is  one 
calamity  which  penetrated  furtively  into  the  world,  and 
which  was  at  Hrst  scarcely  distinguishable  amidst  the  ordi- 
nary abuses  of  ])ower :  it  originated  with  an  individual 
wdiose  name  history  has  not  preserved  ;  it  was  wafted  like 
some  accursed  germ  u])on  a  portion  of  the  soil  ;  but  it 
afterwards  nurtured  itself,  grew  without  effort,  and  spn^ad 
naturally  with  the  society  to  which  it  belonged.  This 
calamity  is  slavery.  Christianity  suppressed  slavery,  but 
the  Christians  of  the  sixteenth  century  re-established  it,  — 
as  an  exception,  indeed,  to  their  social  system,  and  restrict- 
ed to  one  of  the  races  of  mankind  ;  but  the  wound  thus 
inflicted  upon  humanity,  though  less  extcnsi^'e,  was  far 
more  difficult  of  cure. 

It  is  important  to  make  an  accurate  distinction  between 
slavery  itself  and  its  consequences.  The  immediate  evils 
produced  by  slavery  were  very  nearly  the  same  in  antiqui- 
ty as  they  are  amongst  the  moderns  ;  but  the  consequences 
of  these  evils  were  different.  The  slave,  atnongst  the 
ancients,   belonged   to  the  same  race  as  his  master,   and 


!1 


one  is  astoiiishccl  at  the  facility  with  wliich  the  author  p^cts  rid  of  all  arjiu- 
ments  founded  upon  reason  and  natural  rifrht,  whicli  he  designates  as  ah- 
stract  and  theoretical  principles.  The  more  I  contemplate  the  dinbrcncG 
between  civiliz.cd  and  uncivilized  man  with  regard  to'the  principles  of  jus- 
tice, the  more  I  ohserve  that  the  former  contcst8  the  foundation  of  those 
rights,  which  the  latter  simply  violates. 
20 


it 


458 


DEMOCRACY   IX   AMERICA. 


■'/        ! 


I",.    -   (J 


was  often  the  superior  of  tlie  two  in  education  *  and  intel- 
ligence. Freedom  was  the  only  distinction  between  them ; 
and  when  freedom  was  conferred,  they  were  easily  con- 
founded together.  The  ancients,  then,  had  a  very  simple 
means  of  ridding  themselves  of  slavery  and  its  conse- 
quences, —  that  of  enfranchisement ;  and  they  succeeded 
as  soon  as  they  adopted  this  measure  generally.  Not  but 
that,  in  ancient  states,  the  vestiges  of  servitude  subsisted 
for  some  time  after  servitude  itself  was  abolished.  There 
is  a  natural  prejudice  which  prompts  men  to  despise  whom- 
soever has  been  their  inferior  lono;  after  he  is  become  their 
e(j[ual  ;  and  the  real  inequality  which  is  produced  by  for- 
tune or  by  law  is  always  succeeded  by  an  imaginary  in- 
equality which  is  implanted  in  the  manners  of  the  people. 
But,  among  the  ancients,  this  secondary  consequence  of 
slavery  liad  a  natural  limit ;  for  the  freedman  bore  so  en- 
tire a  resemblance  to  those  born  free,  that  it  soon  became 
impossible  to  distinguish  him  from  them. 

The  greatest  difficulty  in  antiquity  was  that  of  altering 
the  law  ;  amongst  the  moderns,  it  is  that  of  altering  the 
manners  ;  and,  as  far  as  we  are  concerned,  the  real  obsta- 
cles beo;in  where  those  of  the  ancients  left  off.  This  arises 
from  the  circumstance  that,  amongst  the  moderns,  the  ab- 
stract and  transient  fact  of  slavery  is  fatally  united  with 
the  physical  and  permanent  fact  of  color.  The  tradition 
of  slavery  dishonors  the  race,  and  the  peculiarity  of  the 
race  perpetuates  the  tradition  of  slavery.  No  African  has 
ever  voluntarily  emigrated  to  the  shores  of  the  New  World, 
whence  it  follows  that  all  the  blacks  who  are  now  found 
there  are  either  slaves  or  freedmen.  Thus  the  Newro 
transmits  the  eternal  mark  of  his  ignominy  to    dl  his  de- 

*  It  is  well  known  that  several  of  the  most  distinguished  authors  of  an- 
tiquity, and  amongst  them  JEsop  and  Terence,  were,  or  had  been,  slaves. 
Slaves  were  not  always  taken  from  barbarous  nations  ;  the  chances  of  war 
reduced  highly  civilized  men  to  servitude. 


11'  i  ]Ji 


PRKSENT  AND  FUTURE  CONDITION  OF  THE  NEGROES.  459 

scendants ;  and  although  the  law  may  abolish  slavery,  God 
alone  can  obliterate  the  traces  of  its  existence. 

The  modern  slave  differs  from  his  master  not  only  in  his 
condition,  but  in  his  origin.  You  may  set  the  Negro  free, 
but  you  cannot  make  him  otherwise  than  an  alien  to  the 
European.  Nor  is  this  all ;  we  scarcely  acknowledge  the 
common  features  of  humanity  in  this  stranger  whom  slav- 
ery has  brought  amongst  us.  His  ])hysiognomy  is  to  our 
eyes  hideous,  his  understanding  weak,  his  tastes  low  ;  and 
we  are  almost  inclined  to  look  upon  him  as  a  being  inter- 
mediate between  man  and  the  brutes.*  The  moderns, 
then,  after  they  have  abolished  slavery,  have  three  l)reju- 
dices  to  contend  against,  which  are  less  easy  to  attack,  and 
far  less  easy  to  conquer,  tiian  the  mere -fact  of  servitude, 
—  the  prejudice  of  the  master,  the  prejudice  of  the  race, 
and  the  prejudice  of  color. 

It  is  difficult  for  us,  who  have  had  the  good  fortune  to 
be  born  amongst  men  like  ourselves  by  nature,  and  our 
equals  by  law,  to  conceive  the  irreconcilable  differences 
which  separate  the  Negro  from  the  European  in  America. 
But  we  may  derive  some  faint  notion  of  them  from  anal- 
ogy. France  was  formerly  a  country  in  which  numerous 
inequalities  existed,  that  had  been  created  by  law.  Noth- 
ing can  be  more  fictitious  than  a  purely  legal  inferiority, — 
nothing  more  contrary  to  the  instinct  of  mankind  than 
these  permanent  divisions  established  between  beings  evi- 
dently similar.  Yet  these  divisions  subsisted  for  ages ; 
they  still  subsist  in  many  places  ;  and  everywhere  they 
have  left  imaginary  vestiges,  which  time  alone  can  efface. 
If  it  be  so  difficult  to  root  out  an  inequality  which  origi- 
nates solely  in  the  law,  how  are  those  distinctions  to  be 
destroyed  which  seem  to   be  based  upon  the  immutable 


i'!M 


*  To  induce  the  wliites  to  abandon  the  opiuon  they  have  conceived  of  the 
moral  and  intellectual  inferiority  of  their  former  slaves,  the  Negroes  must 
change ;  but  as  long  as  this  opinion  subsists,  they  cannot  change. 


1 

II 

It 

If 

K  I| 

mi  f 

'WR'iiii  p 

;:,  llli 

.IaMj 

i^ 

■I  •■V 

'r  '■'■ 

m 


"I'M; 


4C0 


DKMOCRACY   IX   AMERICA. 


laws  of  Nature  horsclf  ?  AVlien  I  rcmeml)er  the  extreme 
difficulty  with  which  aristocratic  bodies,  of  whatever  na- 
ture they  may  be,  are  comminuled  with  the  mass  of  the 
peo})le,  and  the  exceeding  care  which  they  take  to  preserA'e 
for  ao-es  the  ideal  boundaries  of  their  caste  inviolate,  I  de- 
spair  of  seeing  an  aristocracy  disa])pear  which  is  founded 
upon  visible  and  indelible  signs.  Those  who  hope  that  the 
Europeans  Avill  ever  be  amalgamated  with  the  Negroes 
ap])ear  to  me  to  delude  themselves  :  I  am  not  led  to  any 
such  conclusion  by  my  reason,  or  by  the  evidence  of  facts. 
Hitherto,  wherever  the  whites  have  been  the  most  power- 
ful, they  have  held  the  blacks  in  degradation  or  in  slavery  ; 
wherever  the  Negroes  have  been  strongest,  they  have  de- 
stroyed the  whites  :  this  has  been  the  only  balance  which 
has  ever  taken  place  between  the  two  races. 

I  see  that,  in  a  certain  portion  of  the  ten'itory  of  the 
United  States,  at  the  present  day,  the  legal  barrier  which 
separated  the  two  races  is  falling  away,  but  not  that  which 
exists  in  the  manners  of  the  country ;  slavery  recedes,  but 
the  prejudice  to  which  it  has  given  birth  is  immovable. 
Whoever  has  inhabited  the  United  States  must  have  per- 
ceived, that,  in  those  parts  of  the  Union  in  which  the 
Negroes  are  no  longer  slaves,  they  have  in  no  wise  drawn 
nearer  to  the  whites.  On  the  contrary,  the  prejudice  of 
race  appears  to  be  stronger  in  the  States  which  have  abol- 
ished slavery,  than  in  those  where  it  still  exists ;  and  no- 
where is  it  so  intolerant  as  in  those  States  where  servitude 
has  never  been  known. 

It  is  true,  that  in  the  North  of  the  Union  marriages  mav 
be  legally  contracted  between  Negroes  and  whites ;  but 
public  opinion  would  stigmatize  as  infamous  a  man  who 
should  connect  himself  with  a  Negress,  and  it  would  be 
difficult  to  cite  a  single  instance  of  such  a  union.  The 
electoral  franchise  has  been  conferred  upon  the  Negroes  in 
almost  all  the  States  in  which  slaveiy  has  been  abolished ; 


III 


'!-,.»■    1, 


rRKSKNT    AND    1  TTrUi:   CONDITION    OF   THE   NKGKOKS.    4G1 

but  if  tlu'V  nnnv  forwtirtl  to  vote,  their  lives  are  in  danirer. 
If  ()i)|)resse(l,  tliev  mav  brin^;  an  action  at  law,  but  they 
will  find  none  but  whites  amouiist  their  iudm's  ;  and  al- 
thouiih  they  may  legally  serve  as  jurors,  prcjudiee  repels 
them  from  that  olKce.  The  same  schools  do  not  receive 
the  children  of  the  black  and  of  the  European.*  In  the 
theatres,  oold  cannot  })rocure  a  seat  for  the  servilcj  race 
beside  their  former  masters ;  in  the  hos))itals,  they  lie 
apart ;  and  idthough  they  are  allowed  to  invoke  the  same 
(lod  as  the  whites,  it  must  be  at  a  different  altar,  and  in 
their  own  churches,  Avith  their  own  cler<i:y.  The  gates  of 
Heaven  are  not  closed  against  them ;  but  their  inferior- 
ity is  continued  to  the  very  confines  of  the  other  world. 
When  the  Negro  dies,  liis  bones  are  cast  aside,  and  the 
distinction  of  condition  prevails  even  in  the  equality  of 
death. f  Thus  the  Negro  is  free,  but  he  can  share  neither 
the  rights,  nor  the  pleasures,  nor  the  labor,  nor  the  afflic- 
tions, nor  the  tomb  of  him  whose  equal  he  has  been  de- 
clared to  be ;  and  he  cannot  meet  him  upon  fair  terms  in 
life  or  in  death. 

In  the  South,  where  slavery  still  exists,  the  Negroes  are 
less  carefully  kept  apart ;  they  sometimes  share  the  labors 
and  the  recreations  of  the  whites ;  the  whites  consent  to 
intermix  with  them  to  a  certain  extent,  and  although  legis- 
lation treats  tlieui  more  harshly,  the  habits  of  the  people 
are  more  tolerant  and  compassionate.  In  the  South,  the 
master  is  not  afraid  to  raise  his  slave  to  his  own  standing, 
because  he  knows  that  he  can  in  a  moment  reduce  him  to 
the  dust,  at  pleasure.     In  the  North,  the  white  no  longer 


*  This  is  a  mistake.  In  most  of  the  public  schools  in  the  Northern 
States,  black  and  wliitc  children  may  be  found  side  I)y  side  in  the  same  class- 
room. Blacks  may  also  be  found  in  many  of  the  churches,  though  in  sepa- 
rate scats.  —  Am.  Ed. 

t  Tliis  is  eloquent,  but  it  is  not  true.  Negroes  are  buried  in  the  same 
graveyards,  and  often  in  the  same  tombs,  with  whites.  —  Am.  Ed. 


!:J 


i'K] 


! 
i 


'■■»»:■ 


V 


i  M  ) 


il  'M 


m 


11 


462 


DKMOCRACY   IN   AMKRICA. 


(listinetly  perceives  the  ])arrler  wliich  separates  liim  from 
tlie  (lef^racled  race,  and  he  shuns  the  Neijro  with  the  more 
pertinacity,  since  lie  fears  lest  they  should  some  day  be 
confounded  tofjether. 

Amongst  the  Americans  of  the  South,  Nature  some- 
times reasserts  her  rights,  and  restores  a  transient  equality 
between  the  blacks  and  the  whites ;  but  in  the  North, 
pride  restrains  the  most  imperious  of  human  passions.  The 
American  of  the  Northern  States  would,  perhaps,  allow 
the  Negress  to  share  his  licentious  pleasures,  if  the  laws 
of  his  conntry  did  not  declare  that  she  may  aspire  to  be 
the  legitimate  partner  of  his  bed ;  but  he  recoils  with  hor- 
ror from  her  who  mifjht  become  his  wife. 

Thus  it  is,  in  the  United  States,  that  the  prejudice  which 
repels  the  Negroes  seems  to  increase  in  proportion  as  they 
are  emancipated,  and  inequality  is  sanctioned  by  the  man- 
ners whilst  it  is  effaced  from  the  laws  of  the  country.  But 
if  the  relative  position  of  the  two  races  which  inhabit  the 
United  States  is  such  as  I  have  described,  why  have  the 
Americans  abolished  slavery  in  the  North  of  the  Union, 
why  do  they  maintain  it  in  the  South,  and  why  do  they 
aggravate  its  hardships  ?  The  answer  is  easily  given.  It 
is  not  for  the  good  of  the  Negroes,  but  for  that  of  the 
whites,  that  measures  are  taken  to  abolish  slavery  in  the 
United  States. 

The  first  Negroes  were  imported  into  Virginia  about  the 
year  1621.*  In  America,  therefore,  as  well  as  in  the  rest 
of  the  globe,  slavery  originated  in  the  South.  Thence  it 
spread  from  one  settlement  to  another ;  but  the  number  of 
slaves  diminished  towards  the  Northern  States,  and  the  Ne- 
gro population  was  always  very  limited  in  New  England.f 

*  See  Beverley's  History  of  Virginia.  See  also  in  Jefferson's  Memoirs 
some  curious  details  concerning  the  introduction  of  Negroes  into  Virginia, 
and  the  first  Act  which  prohibited  the  importation  of  them,  in  1778. 

t  The  number  of  slaves  was  less  considerable  in  the  North,  but  the  ad- 


hut  tlio  :ul- 


rHKSKXT    AND    FUTL-RH    CONDIIIOX    OF   TIIK    NKiJROKS.    4(>:] 

A  rontury  liad  scarcely  elapsed  since  the  foiiiKhition  of 
the  Colonies,  when  the  attention  of  the  planters  was  struck 
by  the  extraordinary  fact,  that  the  provinces  which  were 
comparatively  destitute  of  slaves  increased  in  jxiptdation, 
in  wealth,  and  in  })rosperity  more  rapidly  than  th(jse  which 
contained  many  of  them.  In  the  former,  however,  the 
inhabitants  were  obliji'ed  to  cultivate  the  soil  themselves, 
or  bv  hired  laborers  ;  in  the  latter,  tliev  were  furnished 
with  hands  for  which  they  paid  no  wages.  Yet,  though 
labor  and  expense  were  on  the  one  side,  and  ease  with 
economy  on  the  other,  the  former  had  the  more  advanta- 
geous  system.  This  result  seemed  the  more  difHcult  to 
explain,  since  the  settlers,  who  all  belonged  to  the  same 
Euro})ean  race,  had  the  same  habits,  the.  same  civilization, 
the  same  laws,  and  their  shades  of  diffin'ence  were  ex- 
tremely slight. 

Time,  however,  continued  to  advance ;  and  the  Anglo- 
Americans,  spreading  beyond  the  coasts  of  the  Atlantic 
Ocean,  penetrated  farther  and  farther  into  the  solitudes 
of  the  West  ;  they  met  there  w'ith  a  new  soil  and  an 
unwonted  climate ;  they  had  to  overcome  obstacles  of  the 
most  various  character  ;  their  races  intermingled,  tlie  in- 
habitants of  the  South  going  up  towai'ds  the  North,  those 
of  the  North  descendinij  to  the  South.  But  in  the  midst 
of  all  these  causes,  the  same  result  occurred  at  every  step  ; 

vantages  resulting  from  slavery  were  not  more  contested  there  tlian  in  the 
Sonth.  In  1740,  the  Legislature  of  the  State  of  New  York  declared  that  the 
direct  importation  of  slaves  ought  to  be  encouraged  as  much  as  possible,  and 
smuggling  severely  punished,  in  order  not  to  discourage  the  fair  trader. 
(Kent's  Commentaries,  Vol.  II.  p.  206.)  Curious  researches,  by  JJelknap, 
upon  slavery  in  New  England,  are  to  be  found  in  the  Historical  Collections 
of  Massachusetts,  Vol.  IV.  p.  193.  It  appears  that  Negroes  were  introduced 
there  iu  16.30,  but  that  the  legislation  and  nuinners  of  the  people  were  op- 
posed to  slavery  from  the  first;  see  also,  in  the  same  work,  the  manner  iu 
which  public  opinion,  and  afterwards  the  laws,  finally  put  an  end  to 
slavery. 


■;  -r 


i!    U 


:H    It 


■mn 


404 


DKMOCRACY    IN   AMKRICA. 


m 


t 


?\w 


' , ,  I 


!     I 


rl 


in  general,  the  colonies  in  which  there  were  no  slaves  be- 
canu'  more  populous  and  more  prosperous  than  those  in 
which  slavery  Hourished.  The  farther  they  went,  the 
more  was  it  shown  that  slavery,  which  is  so  cruel  to  the 
slave,  is  prejudicial  to  the  master. 

But  this  truth  was  most  satisfactorily  demonstrated  when 
civilization  reached  the  hanks  of  the  Ohio.  The  stream 
which  the  Indians  had  distinguished  by  the  name  of  Ohio, 
or  the  Beautiful  River,  waters  one  of  the  most  magnificent 
valleys  which  has  ever  been  made  the  abode  of  man.  Un- 
dulating lands  extend  upon  both  shores  of  the  Ohio,  whose 
soil  affords  inexhaustible  treasures  to  the  laborer ;  on  either 
bank,  the  air  is  equally  wholesome  and  the  climate  mild ; 
and  each  of  them  forms  the  extreme  frontier  of  a  vast 
State :  that  which  follows  the  numerous  windings  of  the 
Ohio  upon  the  left  is  called  Kentucky ;  that  upon  the 
right  bears  the  name  of  the  river.  These  two  States 
differ  only  in  a  single  respect ;  Kentucky  has  admitted 
slavery,  but  the  State  of  Ohio  has  prohibited  the  existence 
of  slaves  within  its  borders.*  Thus  the  traveller  who 
floats  down  the  current  of  the  Ohio,  to  the  spot  where 
that  river  falls  into  the  Mississippi,  may  be  said  to  sail  be- 
tween liberty  and  servitude ;  and  a  transient  inspection 
of  surrounding  objects  will  convince  him  which  of  the 
two  is  more  favorable  to  humanity. 

Upon  the  left  bank  of  the  stream,  the  population  is 
sparse,  —  from  time  to  time,  one  descries  a  troop  of 
slaves  loitering  in  the  half-desert  fields ;  the  primeval 
forest  reappears  at  every  turn  ;  society  seems  to  be  asleep, 
man  to  be  idle,  and  nature  alone  offers  a  scene  of  activ- 
ity and  life. 

From  the  right  bank,  on  the  contrary,  a  confused  hum 
is  heard,  which  proclaims  afar  the  presence  of  industry ; 

*  Not  only  is  slavery  prohibited  in  Ohio,  but  no  free  Negroes  are  [were] 
allowed  to  enter  the  territory  of  that  State,  or  to  hold  property  in  it. 


•i: 


\   f; 


liwcs  be- 
thosc  in 
x'lit,  the 
el  to  the 

ted  wlien 
le  strejim 
I  of  Ohio, 
a'l'nificent 
un.     Un- 
lio,  whose 
on  either 
irtte  mild ; 
of  a  vast 
iicrs  of  the 
upon  the 
Avo   States 
5  admitted 
B  existence 
eller  who 
lot  where 
to  sail  be- 
inspection 
ch   of  the 

lulation  is 
troop  of 
primeval 
be  asleep, 

|e  of  activ- 

ised  hum 
industry ; 

Lcs  are  [were] 
iu  it. 


riJESKNl'    AND    FUrrKK   COXDHION   of   TlIK   NKOnOF.S.    4G5 

the  fields  are  covered  with  ahundiiiit  liarvests;  the  eli'u;anco 
ot"  the  dwelliniis  aiiiiounees  the  taste  and  activity  of  tlie 
laborers  ;  and  man  appears  to  be  in  the  (>njnynieiit  of  that 
weahh  and  contentment  whicli  is  tlie  reward  (»f  labor.* 

The  State  of  Kentucky  was  founded  in  177'),  the  State 
of  Ohio  onlv  twelve  vears  later  ;  but  twelve  vi'ars  are 
more  in  America  than  half  a  century  in  iMn'ope  ;  and,  at 
the  j)reseiit  day,  the  po|)nlation  of  ( )liio  exceeds  that  of 
Kentuckv  bv  two  hundred  and  Hftv  thousand  souls. f 
These  different  effects  of  slavery  and  free-dom  may  read- 
ily be  understood  ;  and  they  suffice  to  explain  many  of 
the  differences  which  we  remark  l)etween  the  civilization 
of  antiquity  and  that  of  our  own  time. 

Upon  the  left  bank  of  the  Ohio,  labor  is  confounded 
with  the  idea  of  slavery,  while  upon  the  rioht  bank,  it  is 
identified  with  that  of  prosperity  and  improvement ;  on 
the  one  side,  it  is  degraded,  on  the  other,  it  is  honored ; 
on  the  former  territory,  no  white  laborers  can  be  found, 
for  thev  would  be  afraid  of  assimilatinfj  themselves  to  the 
Ne<i;roes,  —  all  the  work  is  done  bv  slaves  ;  on  the  latter, 
no  one  is  idle,  for  the  white  population  extend  their  activ- 
ity and  intelligence  to  every  kind  of  employment.  Thus, 
the  men  whose  task  it  is  to  cultivate  the  rich  soil  of  Ken- 
tucky are  ignorant  and  a])athetic ;  whilst  those  who  are 
active  and  enlightened  either  do  nothing,  or  pass  over  into 
Ohio,  where  they  may  work  without  shame. 

*  The  activity  of  Ohio  is  not  confined  to  individuals,  but  the  undertakings 
oi'  the  State  are  surprisingly  great :  a  canal  has  been  established  between 
Lake  Va-'ic  and  the  Ohio,  by  means  of  which  tlie  valley  of  the  Mississippi 
conununicates  with  the  river  of  the  North,  and  the  European  commodities 
which  arrive  at  New  York  may  be  forwarded  by  water  to  New  Orleans 
across  five  hundred  leagues  of  continent. 

t  The  exact  numbers  given  by  the  census  of  1830  were:  Kentucky, 
688,844  ;  Ohio,  937,679.  [The  disproportion  has  become  vastly  greater. 
In  18.")0,  tlie  population  of  Kentucky  was  982,405;  of  Ohio,  1,980,329; 
their  areas  are  respectively  37,680  and  39,9t)4  square  miles. — Am.  Eu.] 

20*  DD 


400 


DK.MOCUACY   IX   AMKRICA. 


'¥ 


It  is  true  tliiit,  in  Kentucky,  tlie  planters  are  not  f»l)li<i;('(l 
to  pny  tlie  slaves  whom  tliey  employ  ;  but  they  derive 
small  profits  from  their  labor,  whilst  the  waj^es  paid  to 
free  workmen  would  be  returned  with  interest  in  the  value 
of  their  services.  The  free  workman  is  paid,  but  he  doi-s 
liis  work  (juicker  than  the  slave;  and  ra[)idity  of  execution 
is  one  of  the  OTt^nt  elements  of  econcmiv.  The  white  sells 
his  services,  but  they  are  oidy  purchased  when  tliey  may 
be  useful  ;  the  black  can  claim  no  remuneration  for  his  toil, 
but  the  expense  of  his  maintenance  is  perpetual ;  he  must 
be  supported  in  his  old  age  as  well  as  in  manhood,  in  his 
profitless  infancy  as  well  as  in  the  productive  years  of 
youth,  in  sickness  as  well  as  in  health.  Payment  must 
equally  be  made  in  order  to  obtain  the  services  of  either 
class  of  men  :  the  free  workman  receives  liis  waces  in 
money ;  the  slave  in  education,  in  food,  in  care,  and  in 
clothing.  The  money  which  a  master  spends  in  the  main- 
tenance of  his  slaves  goes  gradually  and  in  detail,  so  that 
it  is  scarcely  perceived  ;  the  salary  of  the  free  workman 
is  paid  in  a  round  snm,  and  appears  to  enrich  only  him 
who  receives  it ;  but  in  the  end,  tlie  slave  has  cost  more 
than  the  free  servant,  and  his  labor  is  less  productive.* 

*  Independently  of  these  causes,  which,  wherever  free  workmen  ahound, 
render  tlieir  labor  more  productive  and  more  economical  than  that  of  slaves, 
another  cause  may  be  pointed  out  which  is  peculiar  to  the  United  States : 
the  suijar-cane  has  liitherto  been  cultivated  with  success  only  upon  the  banks 
of  the  Mississippi,  near  the  mouth  of  that  river  in  the  Gulf  of  Mexico.  In 
Louisiana,  the  cultivation  of  the  sugar-cane  is  exceedingly  lucrative ;  nowhere 
does  a  laborer  earn  so  much  by  his  work ;  and,  as  there  is  always  a  certain 
relation  between  the  cost  of  production  and  the  value  of  the  produce,  the 
price  of  slaves  is  veiy  high  in  Louisiana.  But  Louisiana  is  one  of  the  con- 
federate States,  and  slaves  may  be  carried  thither  from  all  parts  of  the 
Union  ;  the  price  given  for  slaves  in  New  Orleans  consequently  raises  the 
value  of  slaves  in  all  the  other  markets.  The  consequence  of  this  is,  that,  in 
the  countries  where  the  land  is  less  productive,  the  cost  of  slave-labor  is  still 
very  considerable,  which  gives  an  additional  advantage  to  the  competition  of 
free  labor. 


ii4  4 


o\)Vni;»'(l 
J   derive 

paid  to 
he  value 
I  he  does 
xociition 
hite  sells 
hey  may 
r  his  toil, 

he  must 

od,  iu  his 

years  of 

lent  must 

of  either 
wages  in 
e,  and  in 
the  main- 
lil,  so  that 

workman 

only  liim 
cost  more 
tive. 

|men  abound, 
;liat  of  slaves, 
nitcd  States  : 
)on  the  hanks 
^lexico.     In 
rive ;  nowhere 
rays  a  certain 
produce,  the 
ic  of  the  con- 
parts  of  the 
itty  raises  the 
[his  is,  that,  in 
le-labor  is  still 
)mpetition  of 


PRKSKNT    AND    1  Til  IM".   CONDITION   OF    1111:   NKtJRoKS.    407 

The  influence  of  slaverv  extends  still  furtlier  :  it  alfects 
the  cliaracti'r  of  the  master,  and  imparts  a  jieculiar  ten- 
dency to  his  ideas  and  tastes.  Upon  hoth  hanks  of  tlie 
Ohio,  the  character  of  the  inliahitants  is  entei-jtrisinn'  and 
cneriietic  ;  hut  this  vi^or  is  verv  ditferentlv  exercised  in 
the  two  States.  The  white  inhahitant  of  Oliio,  ol)ii<;ed 
to  suhsist  hy  his  own  exertions,  regards  teni]»oi'aI  prosper- 
ity as  the  chief  aim  of  his  existence;  and  as  \\\v  country 
whi(di  \\(\  occupies  presents  inexhaustihie  resources  to  iiis 
industry,  and  ever-varying  lur(s  to  his  activity,  his  accpiis- 
itive  ardor  suri)asses  the  ordinary  limits  of  liuman  cuj»id- 
ity :  he  is  tormented  hy  the  desire  of  wealth,  and  he  holdly 
enters  upon  every  path  which  fortune  o[)ens  to  him  ;  he 
hecomes  a  sailor,  a  j)i(meer,  an  artisan,  or  a  cultivator,  with 
the  same  indifference,  and  supports  with  e(pial  constancy 
the  fatiinies  and  the  dangers  incidental  to  these  various 
professions ;  the  resources  of  his  intelligence  are  astonish- 
ing, and  his  avidity  in  the  pursuit  of  gain  amounts  to  a 
species  of  heroism. 

But  the  Kentuckian  scorns  not  only  lahor,  but  all  the 
undertakings  wdiich  lahor  promotes  ;  as  he  lives  in  an  idle 
independence,  his  tastes  are  those  of  an  idle  man  ;  money 
has  lost  a  portion  of  its  value  in  his  eyes  ;  he  covets  wealth 
much  less  than  pleasure  and  excitement ;  and  the  energy 
which  his  neiiihbor  devotes  to  c;ain,  turns  with  him  to  a 
passionate  love  of  field  sports  and  militaiy  exercises ;  he 
delights  in  violent  bodily  exertion,  he  is  familiar  with  the 
use  of  arms,  and  is  accustomed  from  a  very  early  ao-e  to 
expose  his  life  in  single  combat.  Thus  slavery  not  only 
prevents  the  whites  from  becoming  opulent,  but  even  from 
desirino;  to  become  so. 

As  the  same  causes  have  been  continually  producing 
opposite  effects  for  the  last  two  centuries  in  the  British 
colonies  of  North  America,  they  have  at  last  established 
a  striking  difference  between  the  commercial  capacity  of 


1 


408 


I)KMocra(;y  in  amkimca. 


the  iiiliabitants  oC  the  South  and  those  of  \\\o  Nortli.  At 
tlie  present  day,  it  is  only  the  Northern  States  wliicli  are  in 
j)ossession  of  shippinij;,  manufactures,  raih'oads,  and  eanai>. 
This  (hH'eivnee  is  jK-rceptiiile,  not  oidy  in  eonipariim  tiie 
Kortii  with  the  South,  hut  in  eonipariuij;  tiie  several  South- 
ern States.  Ahnost  all  those  who  carry  on  conunercial 
operations,  or  endi-avor  to  turn  slave  lahor  to  account,  in 
the  most  southern  districts  of  tlie  Union,  have  emigrated 
from  the  North.  'J'he  natives  of  the  Northern  States  are 
constantly  spreading  over  that  j)ortion  of  the  American 
territory,  where  they  have  less  to  fear  from  comjii-tition  ; 
they  discover  rt'sources  there  which  escaped  the  notice  of 
the  inhahitants ;  and,  as  they  comply  with  a  system  which 
they  do  not  approve,  they  succeed  in  turnino;  it  to  better 
advantage  than  those  who  first  founded,  and  who  still 
maintain  it. 

Were  I  inclined  to  continue  this  j)arallel,  I  could  easily 
prove  that  almost  all  the  differences  which  may  be  re- 
marked between  the  characters  of  the  Americans  in  the 
Southern  and  in  the  Northern  States  have  originated  in 
slavery ;  but  this  would  divert  me  from  my  subject,  and 
my  ])resent  intention  is  not  to  point  out  all  the  consetjuen- 
ces  of  servitude,  but  those  effects  which  it  has  produced 
u])on  the  material  prosperity  of  the  countries  which  have 
admitted  it. 

The  influence  of  slaveiy  upon  tlie  production  of  wealth 
must  have  been  very  imperfectly  known  in  anticjuity,  as 
slavery  then  obtained  throughout  the  civilized  world  ;  and 
the  nati(ms  wliicli  were  unacquainted  with  it  were  barba- 
rians. And,  indeed,  Christianity  only  abolished  slavery  by 
advocating  the  claims  of  the  slave ;  at  the  present  time,  it 
may  be  attacked  in  the  name  of  the  master ;  and,  upon  this 
point,  interest  is  reconciled  with  morality. 

As  these  truths  became  ap])arent  in  the  United  States, 
slavery  receded  before  the  progress  of  experience.     Servi- 


rni:sr,\r  and  iin  im:  coxnnioN  of  tin:  NM'ciUor.s.    I'll) 


tiido  liiid  iK'miii  ill  till'  Soutli,  :iM(l  had  tliciirf  «.pi'i'ad  to- 
ward till'  Nortli  ;  l)iit  it  now  ri'tircs  ai;aiii.  l-'rccdoin, 
Avliicli  >-tarti'd  fVom  tlio  Noi'tli,  now  descends  niiiiiter- 
ruptedlv  to  ird  the  >oilth.  Amongst  tile  ureat  States, 
Pennsylvania  now  eonstitntes  the  extreme  limit  i»t'  sla\eiy 
to  tho  Noi'th  ;  iuit,  e\eii  within  those  limit>,  the  >la\e 
system  is  shaken  :  Marvland,  whitdi  is  iinmediatt-K'  helow 
I'emisylvania,  is  pi'i-pariiiiX  l<»i'  it^  abolition  ;  and  X'ir^inia, 
which  comes  next  to  Marvland,  is  ali'eadv  discnssinn-  its 
utility  and   its  dan«j;ers.* 

No  e;reat  chaniff  takes  place  in  hninan  institutions,  with- 
out involvine;  amongst  its  causes  the  law  of  iiihei'itance. 
When  the  law  of  primogeniture  ohtained  in  tlu'  South, 
each  linnily  was  ri'presented  hy  a  wealthy  iiidi\idnal.  who 
was  neither  compelled  nor  induced  to  lahor;  and  he  was 
surrounded,  as  by  jiarasitic  j)huits,  liy  the  other  members 
of  his  family,  who  were  tiieii  excluded  by  law  from  sharin 
tlie  common  inheritaiu'e,  and  who  led  the  same  kind  of 
life  as  himself.  The  same  thinii;  then  occurred  in  all  tho 
families   of   the   Soutli   whiidi   still   haj)])ens    in    tlu'    nobh; 

in   Europe,   namely,   that   the 


(f 


the    same    state    of   idleness    as 


families   of  some  countries 

youniior   sons    remain    i 

their  elder  brother,  without  beino;  as  rich  as  he  is.     This 

*  A  peculiar  reason  contrildites  to  detach  the  two  last-mentioned  States 
from  the  cause  of  slavery.  The  former  wealth  of  this  part  of  the  Union  was 
principally  derived  from  the  cultivation  of  tohacco.  This  cultivation  is  spe- 
cially carried  on  by  slaves ;  but  within  the  last  few  years,  the  nuirket-pricc 
of  tobacco  has  diminished,  whilst  the  value  of  the  slaves  remains  the  same. 
Thus  the  ratio  between  the  cost  of  production  and  the  value  of  the  produce 
is  chauf^ed.  The  inhal)itants  of  Maryland  and  Vir;,nnia  are  therefore  more 
disposed  than  they  were  thirty  years  ago  to  give  up  slave-labor  in  the  culti- 
vation of  tobacco,  or  to  give  up  slavery  and  tobacco  at  the  same  time. 

[It  is  hardly  necessary  to  remind  the  American  reader  that  the  text  here 
was  written  nearly  thirty  years  ago,  and  was  a  tolcral>Iy  accurate  description 
of  the  state  of  affairs  then,  though  circumstances  have  greatly  changed 
since.  —  Am.  Ed.] 


I      ii 


^  ii 


4.     ,v 


470 


DEMOCRACY  IN  AMERICA. 


Ill 


I 


!  U 


f'fH' 


Hv 


identical  result  scorns  to  be  produced  in  Europe  and  in 
America  by  who]!y  analogous  causes.  In  the  South  of 
the  United  States,  the  whole  race  of  whites  formed  an 
aristocratic  body,  headed  by  a  certain  number  of  privi- 
leged individuals,  whose  wealth  was  permanent,  and  whose 
leisure  was  hereditary.  These  leaders  of  the  American 
nobility  kept  alive  the  traditional  prejudices  of  the  white 
race  in  the  body  of  which  they  were  the  representatives, 
and  maintained  idleness  in  honor.  This  aristocracy  con- 
tained many  who  were  poor,  but  none  who  would  work ; 
its  members  preferred  want  to  labor ;  consecpiently,  Negro 
laborers  and  slaves  met  with  no  competiticTi ;  and,  what- 
ever opinion  might  be  entertained  as  to  the  utility  of  their 
industry,  it  was  necessary  to  employ  them,  since  there  was 
no  one  else  to  work. 

No  sooner  was  the  law  of  primogenitu  •  e  abolished,  than 
fortunes  began  to  diminish,  and  all  the  families  of  the 
country  were  simultaneously  reduced  to  a  state  in  which 
labor  became  necessary  to  existence,  —  several  of  them 
have  since  entirely  disappeared,  —  and  all  of  them  learned 
to  look  forward  to  the  lime  when  it  would  be  necessary 
for  every  one  to  provide  for  his  own  wants.  Wealthy 
individuals  are  still  to  be  met-  with,  but  they  no  longer 
constitute  a  compact  and  hereditary  body,  nor  have  they 
been  able  to  adopt  a  line  of  conduct  in  which  they  could 
persevere,  and  which  they  could  infuse  into  all  ranks 
of  society.  The  prejudice  which  stigmatized  labor  was, 
in  the  first  place,  abandoned  by  common  consent,  the 
number  of  needy  men  was  increased,  and  the  needy  were 
allowed  to  gain  a  subsistence  by  labor  without  blushing 
for  their  toil.  Thus,  one  of  the  most  immediate  conse- 
quences of  the  equal  division  of  estates  has  been,  to  create 
a  class  of  free  laborers.  As  soon  as  competition  began 
between  the  free  laborer  and  the  slave,  the  inferiority  of 
the  latter  became  manifest,  and  slavery  was  attacked  in 


PRESENT   AND   FUTURE   CONDITION   OF  THE   NEGROES.    471 


its  tuntlamental  principle,  which  is,  the  interest  of  the 
master. 

As  slavery  recedes,  the  black  po})ulation  follows  its  ret- 
rograde course,  and  returns  with  it  towards  those  tropical 
regions  whence  it  originally  came.  However  singular  this 
fact  may  at  first  appear  to  be,  it  may  readily  be  ex])lained. 
Although  the  Americans  abolish  the  ])rinci])le  of  slavery, 
they  do  not  set  their  slaves  free.  To  illustrate  this  ivmark, 
I  will  quote  the  example  of  the  State  of  New  York.  In 
17f^8,  this  State  })rohibited  the  sale  of  slaves  within  its 
limits,  which  was  an  indirect  method  of  prohibiting  the 
importation  of  them.  Thenceforward  the  number  of  Ne- 
groes could  only  increase  according  to  the  ratio  of  the 
natural  increase  of  population.  But  eight  years  later,  a 
more  decisive  measui'e  was  taken,  and  it  was  enacted  that 
all  children  born  of  slave  parents  after  the  4th  of  July, 
1709,  should  be  free.  No  increase  could  then  take  })lace, 
and,  although  slaves  still  existed,  slavery  might  be  said  to 
be  abolished. 

As  soon  as  a  Northern  State  thus  prohibited  the  impor- 
tation, no  slaves  were  brought  from  the  South  to  be  sold  in 
its  markets.  On  the  other  hand,  as  the  sale  of  slaves  was 
forbidden  in  that  State,  an  owner  could  no  lonjier  wt  rid 
of  his  slave  (who  thus  became  a  burdensome  possessi(m) 
otherwise  than  by  transporting  him  to  the  South.  But 
when  a  Northern  State  declared  that  the  son  of  the  slave 
should  be  born  free,  the  slave  lost  a  large  portion  of  his 
market-value,  since  his  posterity  was  no  longer  included 
in  the  bargain,  and  the  owner  had  then  a  strono;  interest  in 
transporting  him  to  the  South.  Thus  the  same  law  j)re- 
vents  the  slaves  of  the  South  from  coming  North,  and 
drives  those  of  the  North  to  the  South. 

But  there  is  another  cause  more  powerful  than  any  that 
I  have  described.  The  want  of  free  hands  is  felt  in  a  State 
in  proportion  as  the  number  of  slaves  decreases.     But  in 


i    a:: 


JIfe 


\  I 


is 
1^ 


t 


.  t' 


H 


it 


fN 


472 


DKMOCKACV   IN   AMKRICA. 


])ropoi'tion  as  labor  is  })C'rforinc'(l  by  free  hands,  slave-labor 
becomes  less  productive  ;  and  the  slave  is  then  a  useless  or 
onerous  })ossession,  whom  it  is  important  to  export  to  the 
Soutii,  where  tlie  same  competition  is  not  to  be  feared. 
Thus  the  abolition  of  slavery  does  not  set  the  slave  free, 
but  merely  transfers  him  to  another  master,  and  from  the 
North  to  the  South. 

The  emancipated  Negroes,  and  those  born  after  the  abo- 
lition of  slavery,  do  not,  indeed,  migrate  from  the  North  to 
the  Soutli ;  but  their  situation  with  rei^ard  to  the  Euro- 
peans  is  not  unlike  that  of  the  Indians  ;  they  remain  half 
civilized,  and  de})rivcd  of  their  rights  in  the  midst  of  a 
})opulation  which  is  far  superior  to  them  in  wealth  and 
knowledge,  where  they  are  exposed  to  the  tyranny  of  the 
laws  *  and  the  intolerance  of  the  people.  On  some  ac- 
counts they  are  still  more  to  be  pitied  than  the  Indians, 
since  they  are  haunted  by  the  reminiscence  of  slavery,  and 
they  cannot  claim  possession  of  any  part  of  the  soil :  many 
of  them  perish  miserably,!  and  the  rest  congregate  in  the 
great  towns,  where  they  perform  the  meanest  offices,  and 
lead  a  wretched  and  precarious  existence. 

But  even  if  the  number  of  Neo;roes  continued  to  increase 
as  rapidly  as  when  they  were  still  ai  slavery,  as  the  num- 
ber of  whites  augments  with  twofold  rapidity  after  the  abo- 
lition of  slavery,  the  blacks  vfould  soon  be,  as  it  were,  lost 
in  the  midst  of  a  strange  population. 

*  The  States  in  which  slavery  is  aboHshcd  usually  do  what  they  can  to 
render  their  territory  disagreeable  to  the  Negroes  as  a  place  of  residence ; 
and  as  a  kind  of  emulation  exists  between  the  diftereiit  States  in  this  respect, 
the  unliappy  blacks  can  only  choose  the  least  of  the  evils  which  beset  them. 

t  There  is  a  great  difference  between  the  mortality  of  the  blacks  and  of 
the  whites  in  the  States  in  which  slavery  is  abolished;  from  1820  to  1831, 
only  one  out  of  forty-two  individuals  of  the  white  population  died  in  Phila- 
delphia ;  but  one  out  of  twenty-one  of  the  black  population  died  in  the  same 
time.  The  mortality  is  I)y  no  means  so  great  amongst  the  Negroes  who  are 
still  slaves.     (Sec  Emerson's  ^ledical  Statistics,  p.  28.) 


PRESENT  AND  FUTURE  CONDITION  OF  THE  NEGROES.  473 

A  district  wliicli  is  cultivated  bv  slaves  is  in  m'lieral  less 
populous  than  a  district  cultivated  by  free  labor :  moreover, 
America  is  still  a  new  country,  and  a  State  is  therefore  not 
half  peopled  when  it  abolishes  slavery.  No  sooner  is  an 
end  put  to  slavery,  than  the  want  of  free  labor  is  felt,  and 
a  crowd  of  enterprising  adventurers  inunediately  arrive 
from  all  i)arts  of  the  country,  who  hasten  to  jiroHt  by  the 
fresh  resources  which  arc  then  opened  to  industry.  The 
soil  is  soon  divided  amono;st  them,  and  a  familv  of  Avhite 
settlers  takes  possession  of  each  })ortion.  Besides,  Euro- 
pean emiii;rati(m  is  exclusively  directed  to  the  free  States  ; 
for  what  would  a  poor  emigrant  do  who  crosses  the  Atlan- 
tic in  search  of  ease  and  Ii!ip})iiu'ss,  if  he  were  to  land  in 
a  country  where  labor  is  stigmatized  as  degrading? 

Thus  the  white  population  grows  by  its  natural  incivase, 
and,  at  the  same  time,  by  the  immense  influx  of  emigrants  ; 
whilst  the  black  population  receives  no  emigrants,  and  is 
upon  its  decline.  The  proportion  which  existed  between 
the  two  races  is  soon  inverted.  The  Neo-roes  constitute  a 
scanty  remnant,  a  poor  tribe  of  vagi'ants,  'lost  in  the  midst 
of  an  immense  people  who  own  the  land ;  and  the  presence 
of  the  blacks  is  only  marked  by  the  injustice  and  the  hard- 
ships of  Avhicli  they  are  the  victims. 

In  several  of  the  Western  States,  the  Negro  race  never 
made  its  appearance  ;  and  in  all  the  Xorthern  States,  it  is 
rapidly  declining.  Thus  the  great  question  of  its  futiu'e 
condition  is  confined  within  a  narrow  circle,  where  it  be- 
comes less  formidable,  though  not  more  easy  of  solution. 
The  more  we  descend  towards  the  South,  the  more  diffi- 
cult does  it  become  to  abolish  slavery  with  advantage  ;  and 
this  arises  from  several  physical  causes  which  it  is  impor- 
tant to  point  out. 

The  first  of  these  causes  is  the  climate :  it  is  well  known 
that,  in  proportion  as  Europeans  approach  the  tropics,  la- 
bor becomes  more  difficult  to  them.     Many  of  the  Ameri- 


1 

111' 

;-  -|' 

'•' .  ji"  ■ 

':! '% 

"t  ■■■'■; 

lis 

474 


DEMOCRACY  IN   AMERICA. 


I"'+"1! 


cans  cvon  assert  that,  within  a  certain  latitude,  it  is  fatal  to 
them,  while  the  Ne<Tr()es  can  woi'k  there  without  dani;er  ;  * 
but  I  do  not  think  that  this  oj)inion,  which  is  so  favcn'able 
to  the  indolence  of  the  iidiahitants  of  the  South,  is  con- 
firmed hy  ex])erience.  The  southern  parts  of  the  Union 
are  not  hotter  than  the  south  of  Italy  and  of  Spain  ;  f  «nd 
it  may  be  asked  why  the  European  cannot  work  as  well 
there  as  in  the  latter  two  countries.  If  slavery  has  been 
abolished  in  Italy  and  in  Sj)ain,  without  causinj^'  the  de- 
struction of  the  masters,  why  should  not  the  same  thing 
take  place  in  the  Union  ?  I  cannot  believe  that  Nature 
has  prohibited  the  Europeans  in  Georgia  and  the  Floridas, 
under  pain  of  death,  fn 'u  raising  the  means  of  subsistence 
from  the  soil ;  but  their  labor  would  unquestionably  be 
more  irksome  and  less  productive  J  to  them  than  to  the  in- 
habitants of  New  Eno;land.  As  the  free  workman  thus 
loses  a  portion  of  his  superiority  over  the  slave  in  the 
Southern  States,  there  are  fewer  inducements  to  abolish 
slavery. 

All  the  plants  of  Europe  grow  in  the  northern  parts  of 
the  Union ;  the  South  has  special  productions  of  its  own. 
It  has  been  observed  that  slave  labor  is  a  very  expensive 


*  This  is  true  of  the  spots  iu  which  rice  is  cultivated ;  rice-grounds,  which 
nrc  unwholesome  in  all  countries,  are  psirticularly  dangerous  iu  those  regions 
which  are  exposed  to  the  beams  of  a  tropical  sun.  European"  would  not 
find  it  easy  to  cultivate  the  soil  in  that  part  of  the  New  World,  if  it  must 
necessarily  be  made  to  produce  rice ;  but  may  they  not  subsist  without  rice- 
grounds  1 

t  These  States  are  nearer  to  the  equator  than  Italy  and  Sjiain,  but  the 
temperature  of  the  continent  of  America  is  much  lower  than  that  of  Eu- 
rope. 

J  The  Spanish  government  formerly  caused  a  certain  number  of  peasants 
from  tiie  Azores  to  be  transported  into  a  district  of  Louisiana  called  Attaka- 
pas,  l)y  way  of  experiment.  These  settlers  still  cultivate  the  soil  without 
the  assistance  of  slaves,  but  their  industry  is  so  languid  as  scarcely  to  sup- 
ply their  most  necessary  wants. 


TRKSENT   AND   FUTURE   CONDITION   OF   THE   NEGUOES.    475 

method  of  cultivatinrr  cereal  grain.  The  fanner  of  corn- 
land,  in  a  country  where  slavery  is  unknown,  habitually 
retains  only  a  small  number  of  laborers  in  his  service,  and 
at  seed-time  and  harvest  he  hires  additional  hands,  who 
only  live  at  his  cost  for  a  short  })eriod.  But  the  agricul- 
turist in  a  slave  state  is  obliged  to  kee])  a  large  number  of 
slaves  the  whole  year  round,  in  order  to  sow  his  tiulils  and 
to  gather  in  his  crops,  although  their  services  are  recjuired 
only  i\)V  a  few  weeks ;  for  slaves  are  unable  to  wait  till 
they  are  hired,  and  to  subsist  by  their  own  labor  in  the 
mean  time,  like  free  laborers ;  in  order  to  have  their  ser- 
vices, they  must  be  bouiiht.  Slavery,  independently  of  its 
general  disadvantages,  is  therefore  still  more  ina})[)licable  to 
countries  in  which  corn  is  cultivated,  than  to  those  which 
produce  crops  of  a  different  kind.  Tlie  cultivation  of  to- 
bacco, of  cotton,  and  especially  of  the  sugar-cane,  demands, 
on  the  other  hand,  unremitting  attention :  and  women  and 
children  are  employed  in  it,  whose  services  are  of  little  use 
in  the  cultivation  of  wheat.  Thus  slavery  is  naturally 
more  fitted  to  the  countries  from  which  these  productions 
are  derived. 

Tobacco,  cotton,  and  the  sugar-cane  are  exclusively 
grown  in  the  South,  and  they  form  the  principal  sources 
of  the  wealth  of  those  States.  If  slavery  were  abolished, 
the  inhabitants  of  the  South  would  be  driven  to  this  alter- 
native :  they  must  either  change  their  system  of  cultiva- 
tion,—  and  then  they  would  come  into  competition  with 
the  more  active  and  more  experienced  inhabitants  of  the 
North ;  or,  if  they  continued  to  cultivate  the  same  pro- 
duce without  slave  labor,  they  would  have  to  support  the 
competition  of  the  other  States  of  the  South,  which  might 
still  retain  their  slaves.  Thus,  peculiar  reasons  for  main- 
taining slavery  exist  in  the  South  Avliich  do  not  operate 
in  the  North. 

But  there  is  vet  another  motive,  which  is  more  coo;ent 


tol  I 


'ilf'i-' 

1-  §; 

[| 

il,  ; 

i: 

!:■!■  N.rn    |!i 


im ; 

in 

li 

1 

H^^^H  t 

|i 

NMRIPl-i 

TaSwr' 

K'-   !■« 

|:i 

,M 

ill  1 

476 


DKMOCUACY   IN   AMKRICA. 


tr?     p'?!' 


i**.:'' 


i;. '    i    liM 


tlian  all  tlio  otliers  :  tlio  South  miglit,  indocd,  rigorously 
speaking,  abolish  slavery;  but  how  should  it  rid  its  terri- 
tory of  tiie  black  po])ulation  ?  Slaves  and  slavery  are 
driven  from  the  North  by  the  same  law  ;  but  this  two- 
fold result  cannot  be  hoped  for  in  the  South. 

In  proving  that  slavery  is  more  natural  and  more  advan- 
tageous in  the  South  than  in  the  North,  I  have  shown  that 
the  number  of  slaves  must  be  far  greater  in  the  formei-. 
It  was  to  the  southern  settlements  that  the  first  Africans 
were  brought,  and  it  is  there  that  the  greatest  number  of 
them  have  always  been  imported.  As  we  advance  towards 
the  South,  the  prejudice  which  sanctions  idleness  increases 
in  power.  In  the  States  nearest  to  thp  tropics,  there  is 
not  a  single  Avhite  laborer ;  the  Negroes  arc  consequently 
much  more  numerous  in  the  South  than  in  the  North. 
And,  as  I  Jiave  already  observed,  this  disproportion  in- 
creases daily,  since  the  Negroes  are  transferred  to  one  part 
of  the  Union  as  soon  as  slavery  is  abolished  in  the  other. 
Thus,  the  black  population  augments  in  the  South,  not 
only  by  its  natural  fecundity,  but  by  the  compulsory  emi- 
gration of  the  Negroes  from  the  North ;  and  the  African 
race  has  causes  of  increase  in  the  South  very  analogous  to 
those  which  accelerate  the  growth  of  the  European  race 
in  the  North. 

In  the  State  of  Maine  there  is  one  Necro  in  three  hun- 
dred  inhabitaiits  ;  in  Massachusetts,  one  in  one  hundred ; 
in  New  York,  two  in  one  hundred ;  in  Pennsylvania,  throe 
in  the  same  number  ;  in  Maryland,  thirty-four ;  in  Vir- 
ginia, forty-two ;  and  lastly,  in  South  Carolina,*  fifty-five 


*  We  find  it  asserted  in  an  Amcrian  work,  entitled  "  Letters  on  tlie  Colo- 
nization Society,"  by  Mr.  Carej-,  1833,  "That  for  the  last  forty  years,  the 
black  race  has  increased  more  rapidly  than  the  w'iite  Uioe  in  the  State  of 
South  Carolina;  and  that,  if  we  take  the  avcra<j:c  population  of  the  five  States 
of  the  South  into  whidi  slaves  were  first  introduced,  viz.  Maryland,  Vir- 
yiuia,  Soutli  Carolina,  North  Carolina,  and  Georgia,  we  shall  find  that  from 


riJKSKNT    AND    FrUIJH    CONDITION    OF    THi:    NKOKOKS.    477 

per  cent  of  tlio  iiiliabltants  tire  black.  Such  was  the  pro- 
portion of  the  black  population  to  the  whites  in  the  year 
I80O.  lint  this  proj)orti()n  is  jjcrpetually  chaniiinu;,  as  it 
constantly  decreases  in  the  North,  and  aumnents  in  the 
South. 

It  is  evident  that  the  most  southern  States  of  the  Union 
cannot  abolish  slavery  without  incurrinn;  o;reat  danti-ers, 
which  the  North  had  no  reason  to  apprehend  when  it 
emancipated  its  black  population.  We  have  already  shown 
how  the  Northern  States  made  the  transition  from  slavery 
to  freedom,  by  keepin<i;  the  present  jreneration  in  chains, 
and  setting  their  descendants  free ;  by  this  means,  the 
Negroes  are  only  gradually  introduced  into  the  society ; 
and  wliilst  the  men  who  might  abuse  .their  freedom  are 
ke})t  in  servitude,  those  who  are  emancipated  may  learn 
the  art  of  being  free  before  they  become  their  own  masters. 
But  it  would  be  difHcult  to  apply  this  method  in  the  South. 
To  declare  that  all  the  Negroes  born  after  a  certain  period 
shall  be  free,  is  to  introduce  the  principle  and  the  notion 
of  liberty  into  the  heart  of  slavery ;  the  blacks  whom  the 
law  thus  maintains  in  a  state  of  slavery  from  which  their 
children  are  delivered,  are  astonished  at  so  unequal  a  iiite, 
and  their  astonishment  is  only  the  prelude  to  their  im- 
patience and  irritation.  Thenceforward  slavery  loses,  in 
their  eyes,  that  kind  of  moral  power  which  it  derived  from 
time  and  habit ;  it  is  reduced  to  a  mere  palpable  abuse  of 
force.  The  Northern  States  had  notliing  to  fear  from  the 
contrast,  because  in  them  the  blacks  were  few  in  number, 
and  the  white  population  was  veiy  considerable.     But   if 


i    if 


'■!'''*t. 


I^  : 


i4 


i:''il 


1790  to  1830  the  wliitcs  have  augmented  in  the  iiroportion  of  80  to  100,  and 
the  Wacks  in  that  of  100  to  112. 

In  the  United  States,  in  1830,  the  popuUitioii  of  tho  two  races  stood  as 
follows  :  — 

States  where  slavery  is  aholished,  6,505,434  wliites ;  120,520  blacks. 
Slave  States  3,960,814  wliites;    2,208,102  hlacks. 


'M 


478 


DEMOCRACY   IN   AMKRICA. 


:i?-l 


m 


tills  fiiiiit  (liiwn  of  freedom  wore  to  show  two  million^  of 
men  tlieir  true  ])osltion,  the  oppressors  woiiUl  h;iv(;  reason 
to  tremble.  After  liavini:  eiifninehised  the  children  of  their 
slaves,  the  Eurojx'ans  of  the  Southern  States  would  very 
shortly  be  obliired  to  extend  the  same  benefit  to  the  whole 
black  population. 

In  the  North,  as  I  have  already  remarked,  a  twofold 
migration  ensues  upon  the  abolition  of  slavery,  or  even 
precedes  that  event  when  circumstances  have  rendered  it 
probable  ;  the  slaves  quit  the  country  to  be  transported 
southwards  ;  and  the  whites  of  the  Northern  States,  as  well 
as  the  emigrants  from  Euroj)e,  hasten  to  fill  their  place. 
But  these  two  causes  cannot  operate  in  the  same  manner 
in  the  Southern  States.  On  the  one  hand,  the  mass  of 
slaves  is  too  great  to  allow  any  expectation  of  their  being 
removed  from  the  country  ;  and  on  the  other  hand,  the 
Europeans  and  Anglo-Americans  of  the  North  are  afraid 
to  come  to  inhabit  a  country  in  which  labor  has  not  vet 
been  reinstated  in  its  rio;htful  honors.  Besides,  they  very 
justly  look  upon  the  States  in  which  the  number  of  the 
Negroes  equals  or  exceeds  that  of  the  whites,  as  exposed 
to  very  great  dangers ;  and  they  refrain  from  turning  their 
activity  in  that  direction. 

Thus  the  inhabitants  of  the  South  would  not  be  able, 
Avhile  abolishing  slavery,  like  their  Northern  countrymen, 
to  initiate  the  slaves  gradually  into  a  state  of  freedom ; 
they  have  no  means  of  })erceptibly  diminishing  the  black 
population,  and  they  would  remain  unsuj)})orted  to  re|)ress 
its  excesses.  Thus,  in  the  course  of  a  few  years,  a  great 
people  of  free  Negroes  would  exist  in  the  heart  of  a  white 
nation  of  equal  size. 

The  same  abuses  of  poAver  which  now  maintain  slavery 
would  then  become  the  source  of  the  most  alarming  ])erils 
to  the  white  population  of  the  South.  At  the  present 
time,  the  descendants  of  the  Europeans  are  the  sole  own- 


Mi 


rRF.SI.NT  AND  FUTURE  CONDriTON  OF  THK  NKlUHM'.S.  479 

ers  of  tlic  land,  and  the  .11)8011110  masters  of  all  lahor;  tluy 
alom'  possess  wi-alth,  kno\vlu(lo;o,  and  arms.  'lUv  Mack  is 
destitntc  of  all  those  a(lvanta<fos,  but  can  s.osist  without 
thom  bocauso  he  is  a  slave.  W  ho  wore  froo,  and  oblip-d 
to  pro\ido  for  his  own  sul)sistonoo,  would  it  bo  possible  for 
him  to  roniain  without  those  thin<^s  and  to  sujipoi't  lito? 
Or  would  not  the  very  insti'unionts  of  the  ])ri'sent  suj)ori- 
ority  of  the  white,  whilst  slavery  o.xists,  expose  him  to  a 
thousand  daniiors  if  it  wore  abolished  ? 

As  lon^  as  the  Negro  remains  a  slave,  ho  may  bo  kept 
in  a  condition  not  far  removed  from  that  of  the  brutes  ; 
but,  with  his  liberty,  he  cannot  but  acquiri'  a  di'ureo  of 
instruction  which  will  enable  him  to  ap})rociate  his  mis- 
fortunes, and  to  discern  a  remedy  for  thom.  Moreover, 
there  exists  a  singular  principle  of  relative  justice,  which 
is  firmly  implanted  in  the  human  heart.  Men  are  much 
more  forcibly  struck  by  those  inequalities  which  exist 
within  the  same  class,  than  with  those  which  may  bo 
remarked  between  different  classes.  One  can  understand 
slavery ;  but  how  allow  several  millions  of  citizens  to  exist 
under  a  load  of  eternal  infamy  and  hereditary  wretched- 
ness ?  In  the  North,  the  population  of  freed  Negroes 
feels  these  hardships  and  indignities,  but  its  numbers  and 
its  powers  are  small,  whilst  in  the  South  it  would  be 
numerous  and  strono;. 

As  soon  as  it  is  admitted  that  the  whites  and  the  eman- 
cipated blacks  are  jdacod  upon  the  same  territory  in  the 
situation  of  two  foreign  communities,  it  will  readily  be 
understood  that  there  are  but  two  chances  for  the  future ; 
the  Negroes  and  the  whites  must  either  wholly  [)art,  or 
wholly  mingle.  I  have  already  expressed  my  conviction 
as  to  the  latter  event.*     I  do  not  believe  that  the  white 

*  This  opinion  is  sanctioned  by  authorities  infinitely  weijihtier  tlian  any- 
thing that  I  can  say :  thus,  for  instance,  it  is  stated  in  the  Memoirs  of  Jef- 
ferson, "  Notiiing  is  more  clearly  written  in  the  book  of  destiny  than  the 


iV 


M', 


Jill 


i4 


in 


480 


DKMOCRACY   IN   AMKHICA. 


;:t. 

:  1  ii 


and  Mack  races  will  ever  live  in  any  country  nj)nn  an 
e(|nal  fixftini;.  But  I  believe  the  difficulty  to  be  still 
jjjreatcr  in  the  United  States  than  elsewhere.  An  isolated 
individual  may  surmount  the  })rejudices  of  reli<;i(m,  of  his 
country,  or  of  his  race  ;  and  if  this  individual  is  a  kini;, 
lie  may  effect  surprisiui;  chano-es  in  society ;  but  a  whole 
people  cannot  rise,  as  it  were,  above  itself.  A  desjK)t  who 
should  subject  the  Americans  and  their  former  slaves  to 
the  same  yoke,  might  perha})S  succeed  in  commin»j;lin<f 
their  races  ;  but  as  long  as  the  American  democracy 
remains  at  the  head  of  affairs,  no  one  will  undertake 
so  dilHcult  a  task;  and  it  maybe  foreseen  that,  the  freer 
the  white  population  of  the  United  States  becomes,  the 
more  isolated  will  it  remain.* 

I  have  previously  observed  that  the  mixed  race  is  the 
true  bond  of  union  between  the  Europeans  and  the  In- 
dians ;  just  so,  the  Mulattoes  are  the  true  means  of  transi- 
tion between  the  white  and  the  Negro ;  so  that,  wherever 
INIulattoes  abound,  the  interrri  ture  of  the  two  races  is  not 
im}»ossible.  In  some  parts  of  America,  the  Euroj)ean  and 
the  Negro  races  are  so  crossed  by  one  another,  that  it  is 
rare  to  meet  with  a  man  wdio  is  entirely  black,  or  entirely 
white :  when  they  are  arrived  at  this  point,  the  two  races 
may  really  be  said  to  be  combined,  or,  rather,  to  have  been 
absorbed  in  a  third  race,  which  is  connected  with  both 
without  beino;  identical  with  either. 

Of  all  Europeans,  the  English  are  those  who  have 
mixed  least  w^ith  the  Negroes.     More  Mulattoes  are  to  be 

emancipation  of  the  blacks  ;  and  it  is  equally  certain,  that  the  two  races  will 
never  live  in  a  state  of  equal  freedom  under  the  same  government,  so  insur- 
mountable are  the  ban-iers  which  nature,  habit,  and  opinion  have  established 
l)etween  them." 

*  If  the  Britisii  West  India  planters  had  governed  themselves,  they  would 
assuredly  not  have  passed  the  Slave  Emancipation  Bill  which  the  mother 
country  has  recently  imposed  upon  them. 


PRKSENT   AND   FUTURE   CONDITION   OF   TIIi;   NF.GIMI 


f 


scon  in  tlic  Soutli  of  the  Union  tlmn  in  the  Xortli,  Imji 
intiniti'Iv  fl'wcr  tli;ni  in  nnv  other  Kuroncan  colony:  Mu- 
lattocs  arc  hy  no  means  nnnierons  in  tiic  Unitrd  States; 
they  have  no  force  peculiar  to  tliemselves,  and  wlu'ii  (piar- 
rcls  ori^iinatinji;  in  (hfVcrences  of  color  taki'  ])laci',  thev  i^cn- 
orally  side  with  the  whites, — just  as  tlu?  Iack(>ys  of  tlui 
o;reat  in  Euro])e  assnnie  the  contcniptnons  airs  of  nohility 
toward  the  lower  orders. 

T\\o  pride  of  ori^^in,  which  is  natnral  to  tlie  English, 
is  sini^nlarly  an<:;niented  l)y  the  [)ersonal  ])ride  which  demo- 
cratic liberty  fosters  amon<Tst  the  Amei-icans  :  the  white 
citizen  of  the  United  States  is  prond  of  his  race,  and  [)rond 
of  himself  Bnt  if  the  whites  and  tlie  Ncixroes  do  not 
interminiile  in  the  North  of  the  Union,  how  shonld  they 
mix  in  the  South?  Can  it  bo  snpposed  for  an  instant,  that 
an  .American  of  the  Southern  States,  placcfl,  as  he  imist 
forever  be,  between  the  white  man,  with  all  his  ])hysical 
and  moral  superiority,  and  the  Nofi^ro,  will  ever  think  of 
beino;  confounded  with  the  latter  ?  The  Americans  of  the 
Southern  States  have  two  powerful  passions,  which  will 
always  keep  them  aloof;  —  the  first  is  the  fear  of  being 
assimilated  to  the  Negroes,  their  former  slaves  ;  and  the 
second,  the  dread  of  sinking  below  the  whites,  their 
neighbors. 

If  I  were  called  upon  to  predict  the  future,  I  should  say 
that  the  abolition  of  slavery  in  the  South  will,  in  the  com- 
mon course  of  things,  increase  the  repugnance  of  the  white 
population  for  the  blacks.  I  found  this  oj)inion  u])on  the 
analofjous  observation  I  have  alreadv  made  at  the  North. 
I  have  remarked  that  the  white  inhaV)itants  of  the  North 
avoid  the  Negroes  with  increasing  care,  in  proportion  as 
the  legal  barriers  of  separation  are  removed  by  the  legisla- 
ture ;  and  why  should  not  the  same  result  take  place  in 
the  South  ?  In  the  North,  the  whites  are  deterred  from 
interminglino;  with  the  blacks  bv  an  imaginarv  dano-er ;  in 

21  KE 


'•MS' 

.Hi 


I 
I. 


>  I 


482 


PKMOrRArV  IN   AMERICA. 


I 


;>' 


till'    Soutli,    wlicrc    tlio    (liin;,(T   would    l)i'   n':il,    I   cannot 
lu'Iicvc  tliiit  tlu'  fi'iir  would   he  less. 

If,  on  the  one  hand,  it  Ih'  admitted  (and  tlic  fact  is  un- 
qn»'stional)l(')  tliat  the  colored  population  porjx'tually  accu- 
nudatc  in  the  extreme  Soutli,  and  increase  more  ra|>idly 
tlian  tlie  whites  ;  and  if,  on  the  otlier  liand,  it  In-  allowed 
that  it  is  inipossihle  to  foresee  a  time  at  which  the  whites 
and  the  hlacks  will  he  m)  int(>rmin<!;led  as  to  derive  the 
same  henefits  from  society,  —  must  it  not  he  inferred  that 
tlie  hlacks  and  the  whites  will,  sooner  or  later,  come  to 
open  strife  in  the  Southern  States  ?  Rut  if  it  he  asked 
what  the  issue  of  tlie  strufi^le  is  liki'ly  to  he,  it  will  readily 
be  understood  that  we  are  here  left  to  van;ue  conjectures. 
The  human  mind  may  succeed  in  traciii":;  a  wide  circle,  as 
it  were,  which  includes  the  future  ;  but,  within  that  circle, 
chance  rules,  and  eludes  all  our  foresight.  In  every  pic- 
ture of  the  future  there  is  a  dim  spot  which  the  eye  of 
the  nnd(>rstandino;  cannot  p(>netrate.  It  appears,  however, 
extremely  j)rohable  that,  in  the  West  India  Islands,  the 
white  race  is  destined  to  be  subdued,  and,  upon  the  conti- 
nent, the  hlacks. 

In  the  West  India  Islands,  the  white  planters  are  isolated 
amidst  an  immense  black  population  ;  on  the  continent,  the 
l»lacks  are  placed  between  the  ocean  and  an  iimumerable 
people,  who  already  extend  above  them,  in  a  compact  mass, 
from  the  icy  confines  of  Canada  to  the  frontiers  of  Vir- 
o;inia,  and  from  the  banks  of  the  Missouri  to  the  shores 
of  the  Atlantic.  If  the  white  citizens  of  North  America 
remain  united,  it  is  difficult  to  believe  that  the  Negroes 
will  escape  the  destruction  which  menaces  them ;  they 
must  be  subdued  by  want  or  by  the  sword.  But  the 
black  popidation  accumulated  along  the  coast  of  the  Gulf 
of  INIexico  have  a  chance  of  success,  if  the  American  Union 
should  be  dissolved  Avhen  the  strugo;le  between  the  two 
races  begins.      The  Federal  tie  once  broken,  the  people 


rRKSKNT  .\\i>  rriTRK  ('(>xi)mo\  or  riir.  N'r<;T!OKs.  AHi^ 
of  tlu'  Soutli   could   not  ri'lv  upon  aiiv  lastin""  succor  from 


we 


a  wan* 


tlu'ir   Nortlicru   countrvnu-u.     Tlic   latter  arc 

ft 

that  tlic  (lau;;or  can  never  reach  thcni  :  and  tMilcs«<  they 
ure  eonstraiiu'(l  to  march  to  the  assistance  of  the  South  hy 
a  T)ositive  ()hliij,ation,  it   may  he  foreseen  tliat  tlie  svnipatliv 

•  ft/  I  I  fr 

of  race  will  he  powerless. 

Vet,  at  whatever  period  tlie  strife  mav  hrcak  out.  the 
whites  of  the  South,  even  if  they  are  ahandoned  to  their 
own   resources,  will   enter  the  lists  with  an  iini 


nense  sune- 


rioritv  of  knowledire  and  the  means  ctf  warf:iri> :  hut  the 
blacks  will  have  numerical  strenifth  and  the  enei'iiy  of 
desj)air  npon  their  side  ;  and  these  are  powerful  I'csources 


to  men  w 


ho  I 


lave 


tak 


(Ml   Up  arms. 


Tire    fite   of  the  white 


population  of  the  Sontliern  States  will,  pei'haps,  Ik-  similar 
to  that  of  the  ISfoors  in  Spain.  After  lia\in<;'  occupied 
tlie  land  for  centuries,  it  will,  perhaps,  retire  hy  deiri'ees 
to  tlie  country  whence  its  ancestors  came,  and  fhandon  to 
the  Neiiroes  the  possession  of  a  territory  which  I'lvtvideiice 
seems  to  have  destined  fen*  them,  since  they  can  subsist  and 
labor  in  it  more  easily  than  the  Avhites. 

The   danger  of  a  conflict  between   the   white  and   the 
black  inhabitants  of  the  Southern  States  of  the  Union  — 


hi(di,  h 


b 


'itabU 


ever  remote  it  it 
perpetually  haunts  the  imaixination  of  the  Americans,  like 
a  painful  dream.  The  inhabitants  of  th(^  Xorth  make  it  a 
common  topic  of  conversation,  altlioiiii;li  directly  they  have 
nothiiif;  to  fear  fr<mi  it  ;  but  they  vainly  endeavor  to  devise 
some  means  of  obviatinii-  the  misfortunes  Avhich  they  fore- 
see. In  the  Southern  States,  the  subject  is  not  discussed  : 
the  planter  does  not  allude  to  the  future  in  conversinj:;  with 
straiiijjers  ;  he  does  not  communicate  his  apprehensions  to 
his  friends,  —  he  seeks  to  conceal  them  from  hims(>]f.  Hut 
there  is  somethinn;  more  alarminn;  in  the  tacit  forebodinirs 
of  the  South,  than  in  the  clamorous  fears  of  the  North. 
This  all-pervading  disquietude  has  given  birth  to  an  un- 


;H', 


,■1: 


'!  t 


H 


484 


DEMOCRACY    IN   AMKRICA. 


dertaking  as  yet  but  little  known,  but  wliicli  may  change 
the  fate  of  a  portion  of  the  human  race.  Fi-om  apj)re- 
hension  o''  the  dangers  which  I  have  just  described,  some 
American  citizens  have  formed  a  society  for  the  purpose 
of  exporting  to  the  coast  of  Guinea,  at  their  own  expense, 
such  free  Negroes  as  may  be  willing  to  escape  from  the 
op))ression  to  whicli  they  are  subject.* 

In  1820,  the  society  to  which  I  allude  formed  a  settle- 
ment in  Africa,  upon  the  seventh  degree  of  north  latitude, 
which  bears  the  name  of  Liberia.  The  most  recent  intelli- 
o-ence  informs  us  that  two  thousand  five  hundred  Negroes 
are  collected  there.  They  have  introduced  the  democratic 
institutions  of  America  into  the  country  of  their  forefath- 
ers. Liberia  has  a  representative  system  of  government, 
Negro  jurymen,  Negro  magistrates,  and  Negro  j)riests  ; 
churches  have  been  built,  newspapers  established,  and,  by 
a  singular  turn  in  the  vicissitudes  of  the  world,  wdiite  men 
are  prohibited  from  establishing  themselves  within  the  set- 
tlement.! 

This  is  indeed  a  strange  caprice  of  fortune.  Two  hun- 
dred years  have  now  elapsed  since  the  inhabitants  of  Eu- 
roj)e  undertook  to  tear  the  Negro  from  his  family  and  his 
home,  in  order  to  transport  him  to  the  shorf^  of  North 
America.  Now  the  European  settlers  are  engaged  in 
sending  back  the  descendants  of  those  very  Negroes   to 


*  This  society  assumed  the  name  of  "  The  Society  for  the  Colonization  of 
tlie  Blacks."  See  its  Annual  Reports ;  and  more  particularly  the  fifteenth. 
See  also  the  pamphlet,  to  which  allusion  has  already  been  made,  entitled, 
"  Letters  on  the  Colonization  Society,  and  on  its  probable  Results,"  by  Mr. 
Carey,  Pliiiadclphia,  April,  1833. 

t  This  last  regulation  was  laid  down  by  the  founders  of  the  settlement ; 
they  apprehended  that  a  state  of  things  might  arise  in  Africa,  similar  to 
that  which  exists  on  the  frontiers  of  the  United  States,  and  that  if  the  Ne- 
groes, like  the  Indians,  were  brought  into  collision  wth  a  people  more 
enlightened  than  themselves,  they  would  be  destroyed  before  they  could 
be  civilized. 


PRESENT   AND    FUTURE   CONDITION   OF    THE   NEGROES.    485 


the  continent  whence  thev  were  orliiinally  tuki'n  :  tlu?  bar- 
barons  Africans  have  learned  civilization  in  the  midst  of 
bondage,  and  have  become  acquainted  with  tree  j)olitical 
institutions  in  slavery.  Up  to  the  present  time,  Africa 
has  been  closed  against  the  arts  and  sciences  of  the  whites  : 
but  the  inventions  of  Europe  will  perhaps  ])enetrate  into 
those  ren-ions,  now  that  they  are  introduced  bv  Africans 
themselves.  The  settlement  of  Liberia  is  founded  \\\nn\  a 
lofty  and  fruitful  idea ;  but,  whatever  mav  be  its  results 
with  regard  to  Africa,  it  can  afibrd  no  remedy  to  the  New 
World.^ 

In  twelve  years,  the  Colonization  Society  has  transported 
two  thousand  five  hundred  Neoroes  to  Africa  ;  in  tlie  same 
space  of  time,  about  seven  hundred  thousand  blacks  were 
born  in  the  United  States.  If  the  colony  of  J^iberia 
were  able  to  receive  thousands  of  new  inhabitants  every 
year,  and  if  the  Negroes  were  in  a  state  to  be  sent  thither 
with  advantage  ;  if  the  Union  were  to  supply  the  society 
with  annual  subsidies,*  and  to  transport  the  Negroes  to 
Africa  in  the  vessels  of  the  state,  —  it  would  still  be  un- 
able to  counterpoise  the  natural  increase  of  population 
amongst  the  blacks  ;  and,  as  it  could  not  remove  as  many 
men  in  a  year  as  are  born  upon  its  territory  within  that 
time,  it  could  not  prevent  the  growth  of  the  evil  which  is 
daily  increasing  in    the    States.f      The    Negro   race   will 

*  Nor  would  these  be  the  only  difficulties  attendant  upon  the  undertak- 
ing ;  if  the  Union  undertool<  to  huy  up  the  Negroes  now  in  America,  in 
order  to  transport  tliem  to  Africa,  the  price  of  shives,  increasing  with  their 
scarcity,  would  soon  become  enormous ;  and  the  States  of  the  Nortii  would 
never  consent  to  expend  such  great  sums  for  a  purpose  wliich  would  profit 
them  but  little.  If  the  Union  took  possession  of  tlie  slaves  in  the  Soutliern 
States  by  force,  or  at  a  rate  determined  by  law,  an  insurmountable  resistance 
would  rise  in  that  part  of  the  country.  Both  courses  are  eqiuiUy  im- 
possible. 

t  In  1830  there  were  in  the  United  States  2,010,327  slaves  and  319,439  free 
blacks,  in  all  2,329,766  Negroes :  which  formed  about  one  fifth  of  the  total 


i  '"        "1 


Pi 


■    I 

l| 

'.     '^ 

1  ^ 

y 

48G 


DEMOCRACY   IN   AMERICA. 


m::'  v. 


'»»:■ 


never  leave  those  sliores  of  tlie  American  continent  to 
whicli  it  was  brouglit  by  the  passions  and  tlie  vices  of  Eu- 
ro])eans  ;  and  it  will  not  disap])ear  from  the  New  World 
as  long  as  it  continues  to  exist.  The  inhabitants  of  the 
United  States  may  retard  the  calamities  which  they  appre- 
hend, but  they  cannot  now  destroy  their  efficient  cause. 

I  am  obli<i;ed  to  confess  that  I  do  not  ren;ard  the  aboli- 
tion  of  slavery  as  a  means  of  warding  off  the  struggle  of 
the  two  races  in  the  Southern  States.  The  Negroes  may 
long  remain  slaves  without  complaining ;  but  if  they  are 
once  raised  to  the  level  of  freemen,  they  will  soon  revolt 
at  being  deprived  of  almost  all  their  civil  rights ;  and,  as 
they  cannot  become  the  equals  of  the  whites,  they  will 
speedily  show  themselves  as  enemies.  In  the  North, 
everything  facilitated  the  emancipation  of  the  slaves ;  and 
slavery  was  abolished  without  rendering  the  free  Negroes 
formidable,  since  their  number  was  too  small  for  them 
ever  to  claim  their  rights.  But  such  is  not  the  case  in 
the  South.  The  question  of  slavery  was  a  commercial 
and  manufacturing  question  for  the  slave-owners  in  the 
North  ;  for  those  of  the  South,  it  is  a  question  of  life 
and  death.  God  forbid  that  I  should  seek  to  justify  the 
principle  of  Negro  slavery,  as  has  been  done  by  some 
American  writers !  I  say  only,  that  all  the  countries 
which  formerly  adopted  that  execrable  principle  are  not 
e(pially  able  to  abandon  it  at  the  present  time. 

When  I  contemplate  the  condition  of  the  South,  I  can 
only  discover  two  modes  of  action  for  the  white  inhab- 
itants of  those  States ;  viz.  either  to  emancipate  the  Ne- 
groes, and  to  intermingle  with  them,  or,  remaining  isolated 
fi'om  them,  to  keep  them  in  slavery  as  long  as  possible. 
All  intermediate  measures  seem  to  me  likely  to  terminate, 
and  that  shortly,  in  the  most  horrible  of  civil  wars,  and 

population  of  the  United  States  at  that  time.     [In  1850,  the  numbers  were 
3,204,313  slaves  and  434,495  free  colored;  in  all,  3,638,808.  —  Am.  Ed.] 


PRKSKNT     VXD   FUTURE    CONDITION   OF    TlIF   NlXillUKS.    487 

perhaps  in  the  extirpation  of  one  or  the  other  of  the  two 
races.  Sueli  is  the  view  which  tlie  Americans  of  the 
South  take  of  the  question,  and  tliey  act  consistently  with 
it.  As  they  are  determined  not  to  mingle  with  the  Ne- 
groes, tliey  refuse  to  emancipate  them. 

Not  that  the  inhabitants  of  the  South  regard  slavery  as 
necessary  to  the  wealtli  of  the  planter ;  on  this  point, 
many  of  tliem  agree  with  their  Northern  countrymen,  in 
freely  admitting  that  slavery  is  ])rejudicial  to  their  inter- 
ests ;  but  they  are  convinced  that  the  removal  of  this 
evil  would  peril  their  own  existence.  The  instruction 
which  is  now  diffused  in  the  South  has  convinced  the 
inhabitants  that  slavery  is  injurious  to  the  slave-owner, 
but  it  has  also  shown  them,  more  clearly  than  before, 
that  it  is  almost  an  impossibility  to  get  rid  of  it.  Hence 
arises  a  singular  contrast ;  the  more  the  utility  of  slavery 
is  contested,  the  more  firmly  is  it  established  in  the  laws ; 
and  wdiilst  its  principle  is  gradually  abolished  in  the  North, 
that  self-same  principle  gives  rise  to  more  and  more  rigor- 
ous consequences  in  the  South. 

The  leoislation  of  the  Southern  States  with  regard  to 
slaves  presents  at  the  present  day  such  unparalleled  atroci- 
ties as  suffice  to  show  that  the  laws  of  humanity  have 
been  totally  perverted,  and  to  betray  the  desperate  position 
of  the  community  in  which  that  legislation  has  been  pro- 
mulgated. The  Americans  of  this  portion  of  the  Union 
have  not,  indeed,  augmented  the  hardships  of  slavery ; 
they  have,  on  the  contrary,  bettered  the  physical  condi- 
tion of  the  slaves.  The  only  means  by  which  the  ancients 
maintained  slavery  were  fetters  and  death ;  the  Americans 
of  the  South  of  the  Union  have  discovered  more  intellect- 
ual securities  for  the  duration  of  their  power.  They  have 
employed  their  despotism  and  their  violence  against  the 
human  mind.  In  antiquity,  precautions  were  taken  to  pre- 
vent the  slave  from  breaking  his  chains  ;  at  the  present 


,m  n 


488 


DEJIOCRACY    IN    AMERICA. 


day,  measures  are  adopted  to  deprive  liim  even  of  the 
desire  of  freedom.  Tlie  ancients  kept  the  bodies  of  their 
sUives  in  bondage,  but  placed  no  restraint  upon  the  mind 
and  no  check  u[)on  education  ;  and  they  acted  consistently 
with  their  established  principle,  since  a  natural  termination 
of  slavery  then  existed,  and  one  day  or  other  the  slave 
might  be  set  free,  and  become  the  ec^ual  of  his  master. 
But  the  Americans  of  the  South,  who  do  not  admit  that 
the  Ne(j;roes  can  ever  be  commin<iled  with  themselves, 
have  forbidden  them,  under  severe  penalties,  to  be  taught 
to  read  or  write ;  and,  as  they  will  not  raise  them  to  their 
own  level,  tiiey  sink  them  as  nearly  as  possible  to  that  of 
the  brutes. 

The  hope  of  liberty  had  always  been  allowed  to  the 
slave,  to  cheer  the  hardships  of  his  condition.  But  the 
Americans  of  the  South  are  well  aware  that  emancipation 
cannot  but  be  dangerous,  when  the  freed  man  can  never 
be  assimilated  to  his  former  master.  To  give  a  man  his 
freedom,  and  to  leave  him  in  wretchedness  and  ignominy, 
is  nothing  loss  than  to  prepare  a  future  chief  for  a  revolt 
of  the  slaves.  Moreover,  it  has  long  been  remarked,  that 
the  presence  of  a  free  Negro  vaguely  agitates  the  minds 
of  his  less  fortunate  brethren,  and  conveys  to  them  a  dim 
notion  of  their  rights.  The  Americans  of  the  South  have 
consequently  taken  away  from  slave-owners  the  right  of 
emancipating  their  slaves  in  most  cases,  —  not  indeed  by 
positive  prohibition,  but  by  subjecting  that  step  to  various 
formalities  which  it  is  difficult  to  comply  with. 

I  happened  to  meet  with  an  old  man,  in  the  South  of 
the  Union,  who  had  lived  in  illicit  intercourse  with  one 
of  his  Negresses,  and  had  had  several  children  by  her, 
who  were  born  the  slaves  of  their  father.  He  had,  indeed, 
frequently  thought  of  bequeathing  to  them  at  least  their 
liberty ;  but  years  had  elapsed  before  he  could  surmount 
the  legal  obstacles  to  their  emancipation,  and  in  the  mean 


»  :i 


PRESENT    AND    FUTURE   CONDITION    OF   THE   NEGROES.     4^9 


various 


wliile  liis  old  age  was  come,  and  he  was  about  to  die.  lie 
pictured  to  himself  his  sons  drugged  from  market  to  mar- 
ket, and  passing  from  the  authority  of  a  parent  to  the  rod 
of  the  stranger,  until  these  horrid  anticipations  worked  his 
expiring  imagination  into  frenzy.  When  I  saw  him,  he 
was  a  prey  to  all  the  anguish  of  despair ;  and  I  then  un- 
derstood how  awful  is  the  retribution  of  Nature  upon  those 
who  have  broken  her  laws. 

These  evils  are  unquestionably  great,  but  they  are  the 
necessary  and  foreseen  consequences  of  the  very  })riii('i{)le 
of  modern  slavery.  When  the  Europeans  chose  their 
slaves  from  a  race  differino;  from  their  own,  —  which 
many  of  them  considered  as  interior  to  the  other  races 
of  mankind,  and  any  notion  of  intimate  union  with  which 
they  all  repelled  with  horror,  —  they  must  have  believed 
that  slavery  would  last  forever,  since  there  is  no  interme- 
diate state  which  can  be  durable  between  the  excessive 
inequality  produced  by  servitude  and  the  complete  equal- 
ity which  originates  in  independence.  The  Europeans  did 
imperfectly  feel  this  truth,  but  without  acknowledging  it 
even  to  themselves.  Whenever  they  have  had  to  do  Avith 
Negroes,  their  conduct  has  either  been  dictated  by  their 
interest  and  their  pride,  or  by  their  compassion.  They 
first  violated  every  right  of  humanity  by  their  treatment 
of  the  Negro,  and  they  afterwards  informed  him  that 
those  rights  were  precious  and  inviolable.  They  aifected 
to  open  their  ranks  to  the  slaves,  but  the  Negroes  who 
attempted  to  penetrate  into  the  community  were  driven 
back  with  scorn  ;  and  they  have  incautiously  and  invol- 
untarily been  led  to  admit  freedom  instead  of  slavery, 
without  having  the  courage  to  be  wholly  iniquitous,  or 
wholly  just. 

If  it  be  impossible  to  anticipate  a  period  at  which  the 
Americans  of  the  South  will  mingle  their  blood  with  that 
of  the  Negroes,  can  they  allow  their  slaves  to  become  free 

21* 


490 


DEMOCRACY  IN   AMERICA. 


i¥'n 


:l        til 


(  ;' 


:iii 


witliout  compromising  their  own  security  ?  Arcl  if  thoy 
are  obliged  to  keep  that  race  in  bondage  in  order  to  save 
their  own  flimihes,  may  they  not  be  excused  for  avaihng 
themselves  of  the  means  best  adapted  to  that  end  ?  The 
events  which  are  taking  place  in  the  Southern  States  ap- 
pear to  me  to  be  at  once  the  most  horrible  and  the  most 
natural  results  of  slavery.  When  I  see  the  order  of  nature 
overthrown,  and  when  I  hear  the  cry  of  humanity  in  its 
vain  struggle  against  the  laws,  my  indignation  does  not 
light  upon  the  men  of  our  own  time  who  are  the  instru- 
ments of  these  outrages  ;  but  I  reserve  my  execration  for 
those  who,  after  a  thousand  years  of  freedom,  brought 
back  slavery  into  the  world  once  more. 

Whatever  may  be  the  efforts  of  the  Americans  of  the 
South  to  maintain  slavery,  they  will  not  always  succeed. 
Slavery,  now  confined  to  a  single  tract  of  the  civilized 
earth,  attacked  by  Christianity  as  unjust,  and  by  political 
economy  as  prejudicial,  and  now  contrasted  with  demo- 
cratic liberty  and  the  intelligence  of  our  age,  cannot  sur- 
vive. By  the  act  of  the  master,  or  by  the  will  of  the 
slave,  it  will  cease  ;  and,  in  either  case,  great  calamities 
may  be  expected  to  ensue.  If  liberty  be  refused  to  the 
Negroes  of  the  South,  they  will,  in  the  end,  forcibly 
seize  it  for  themselves  ;  if  it  be  given,  they  will,  erelong, 
abuse  it. 


t  tt--- 


i    '  'I 


CIIAN'CKS   OF    DURATION   OF   TIIF    UNION. 


401 


WHAT   ARE   THE   CHANCES   OF    DURATION   OF   THE    AMERICAN 
UNION,    AND    WHAT    DANGERS    THREATEN    IT. 

What  makes  the  preponilerant  Force  lie  in  the  States  rather  than  in  the 
Union.  —  Tiic  Union  \vill  last  only  as  lonj;  as  all  the  Status  choose  to 
belong  to  it.  —  Causes  wliirli  tend  to  keep  tliem  united.  —  Utility  of  the 
Union  to  resist  fbreiji;n  Enemies,  and  to  e.M  hale  Forei^qiers  from  Amer- 
ica.—  No  natural  Harriers  between  the  several  States.  —  No  conl!i(tiii<; 
Interests  to  divide  them.  —  Heeiproeal  Interests  of  tlie  Nortlierii,  South- 
ern, and  Western  States.  —  Intellectual  Ties  (f  Union.  —  Uniformity  of 
Opinions.  —  Danjxors  of  the  Union  resultinj;  from  tlie  ditU'rcnt  C'hiirnc- 
ters  and  the  Passions  of  its  (Citizens.  —  Cliaracter  of  the  Citi/cns  in  the 
South  and  in  the  Nortii.  —  Tiie  rapid  Growth  of  the  Union  one  of  its 
greatest  IJangers.  —  Progress  of  the  Population  to  the  Nortliwest. — 
Power  gravitates  in  the  same  Direction. —7  Passions  origiuiiting  from 
sudden  Turns  of  Fortune.  —  Wiiether  the  existing  Government  of  the 
Union  tends  to  gain  Strength,  or  to  lose  it.  —  Various  Signs  of  its  ])e- 
creasc.  —  Internal  Improvements.  —  Waste  Lands.  —  Indians.  —  The 
Bank.  —  The  Taritt'.  —  General  Jackson. 

The  maintenance  of  the  existin";  institutions  of  the  sev- 
eral  States  depends  in  part  upon  the  maintenance  of  the 
Union  itself.  We  must  therefore  first  inquire  into  the 
probable  fate  of  the  Union.  One  point  may  be  assumed 
at  once  :  if  the  present  confederation  were  dissolved,  it 
appears  to  me  to  be  incontestable  that  the  States  of  which 
it  is  now  composed  would  not  return  to  their  original  iso- 
lated condition,  but  that  several  Unions  would  then  be 
formed  in  the  place  of  one.  It  is  not  my  intention  to  in- 
quire into  the  principles  upon  which  these  new  Unions 
would  probably  be  established,  but  merely  to  show  what 
the  causes  are  which  may  effect  the  dismemberment  of  the 
existing  confederation. 

With  this  object,  I  shall  be  obliged  to  retrace  some  of 
the  steps  which  I  have  already  taken,  and  to  revert  to 
topics  which  I  have  before  discussed.  I  am  aware  that 
the  reader  may  accuse  me  of  repetition,  but  the  impor- 
tance of  the  matter  which  still  remains  to  be  treated  is  my 


11] 


1'  !     t 


I?.' 


492 


DEMOCRACY   IN   AMKHICA. 


f 


„  ;:  It 

■  v'l 

I- 


m 


I 


(1  ,| 


u 


excuse :  I  had  rather  say  too  much,  than  not  he  thoroughly 
understood  ;  and  I  prefer  injuring  tlie  author  to  shghting 
the  subject. 

Tlie  legislators  who  formed  the  Constitution  of  1789 
endeavored  to  confi'r  a  se})arate  existence  and  superior 
strength  upon  the  federal  power.  But  they  were  con- 
fined by  the  conditions  of  the  task  which  they  had  under- 
taken to  perform.  They  were  not  appointed  to  constitute 
the  government  of  a  single  people,  but  to  regulate  the 
association  of  several  States ;  and,  whatever  their  inclina- 
tions might  be,  they  could  not  but  divide  the  exercise  of 
sovereignty. 

In  order  to  understand  the  consequences  of  this  division, 
it  is  necessary  to  make  a  short  distinction  between  the 
ftmctions  of  government.  There  are  some  objects  which 
are  national  by  their  very  nature,  —  that  is  to  say,  which 
affect  the  nation  as  a  whole,  and  can  only  be  intrusted 
to  the  man  or  the  assembly  of  men  who  most  completely 
represent  the  entire  nation.  Amongst  these  may  be  reck- 
oned war  and  diplomacy.  There  are  other  objects  which 
are  provincial  by  their  very  nature,  —  that  is  to  say,  which 
only  affect  certain  localities,  and  which  can  only  be  prop- 
erly treated  in  that  locality.  Such,  for  instance,  is  the 
budget  of  a  municipality.  Lastly,  there  are  objects  of 
a  mixed  nature,  which  are  national  inasmuch  as  they  affect 
all  the  citizens  who  compose  the  nation,  and  which  are 
provincial  inasmuch  as  it  is  not  necessary  that  the  nation 
itself  should  provide  for  them  all.  Such  arc  the  rights 
which  regulate  the  civil  and  political  condition  of  the  citi- 
zens. No  society  can  exist  without  civil  and  political 
rights.  These  rights,  therefore,  interest  all  the  citizens 
alike ;  but  it  is  not  always  necessary  to  the  existence  and 
the  prosperity  of  the  nation  that  these  rights  should  be 
uniform,  nor,  consequently,  that  they  should  be  regulated 
by  the  central  authority. 


■t,+-  ;• 


CIIAXCKS    OF    DUHATION    OF    TIIP:    UNION. 


493 


There  are,  then,  two  distinct  categories  of  ohjects  whicli 
are  submitted  to  tlie  sovereign  power ;  and  these  are  found 
in  all  well-constituted  cunnnunities,  whatever  may  be  the 
basis  of  the  j)olitical  constitution.  Between  these  two 
extremes,  the  objects  which  I  have  termed  mixed  may  be 
considered  to  lie.  As  these  are  neither  exclusivi'ly  national 
nor  entirely  })rovincial,  the  care  of  them  may  be  given  to 
a  national  or  a  provincial  government,  according  to  the 
agreement  of  the  contracting  parties,  without  in  any  way 
inn)airing  the  object  of  association. 

The  sovereign  power  is  usually  formed  by  the  uni(m 
of  individuals,  who  compose  a  })eo})le  ;  and  individual 
powers  or  collective  forces,  each  representing  a  small 
fraction  of  the  sovereign,  are  the  only  elements  which  are 
found  under  the  general  goveriunent.  In  this  case,  the 
general  government  is  more  naturally  called  upon  to  regu- 
late, not  only  those  affairs  which  are  essentially  national, 
but  most  of  those  which  I  have  called  mixed  ;  and  the 
local  governments  are  reduced  to  that  small  share  of 
sovereign  authority  which  is  indispensable  to  their  well- 
beino;. 

But  sometimes  the  sovereign  authority  is  composed  of 
pre-organized  political  bodies,  by  virtue  of  circumstances 
anterior  to  their  union  ;  and,  in  this  case,  the  provincial 
governments  assume  the  control,  not  only  of  those  affairs 
which  more  peculiarly  belong  to  them,  but  of  all  or  a  part 
of  the  mixed  objects  in  question.  For  the  confederate  na- 
tions, which  were  independent  sovereignties  before  their 
union,  and  which  still  represent  a  considerable  share  of 
the  sovereign  power,  have  consented  to  cede  to  the  gen- 
eral government  the  exercise  only  of  those  rights  wdiicli 
are  indispensable  to  the  Union. 

When  the  national  government,  independently  of  the 
prerogatives  inherent  in  its  nature,  is  invested  with  the 
right   of  regulating   the  mixed  objects   of  sovereignty,  it 


^ ./  •?  j 


m 


494 


DF.MOrRACY    IN    AMF.RICA. 


'■H 


r  " 


possesses  a  preponderant  influence.  Not  only  are  its  own 
rights  extensive,  hut  all  the  rifjhts  which  it  does  not  pos- 
sess exist  hv  its  sufferance ;  and  it  is  to  he  feared  that  the 
provincial  govennnents  may  he  deprived  hy  it  of  their 
natiu'al  and  necess;>.ry  prero<ratives. 

When,  on  the  other  hand,  the  ])rovincial  orovernments 
are  invested  with  the  power  of  regulating  those  same  af- 
fairs of  mixed  interest,  an  oj)posite  tendency  prevails  in 
society.  The  preponderant  force  resides  in  the  province, 
not  in  the  nation  ;  and  it  may  he  aj)j)rehended  that  the 
national  government  may,  in  the  end,  he  stripped  of  the 
privileges  which  are  necessary  to  its  existence. 

Single  nations  have  therefore  a  natural  tendency  to  cen- 
tralization, and  confederations  to  dismemherment. 

It  now^  remains  to  apply  these  general  principles  to  the 
American  Union.  The  several  States  necessarily  retained 
the  right  of  regulating  all  purely  provincial  affairs.  More- 
over, these  same  States  kept  the  rights  of  determining  the 
civil  and  political  competency  of  the  citizens,  of  regulating 
the  reciprocal  relations  of  the  members  of  the  community, 
and  of  dispensing  justice,  —  rights  which  are  general  in 
their  nature,  but  do  not  necessarily  appertain  to  the  na- 
tional covernment.  We  have  seen  that  the  government 
of  the  Union  is  invested  with  the  power  of  acting  in  the 
name  of  the  whole  nation,  in  those  cases  in  which  the  na- 
tion has  to  appear  as  a  single  and  undivided  power ;  as, 
for  instance,  in  foreign  relations,  and  in  offering  a  common 
resistance  to  a  common  enemy ;  in  short,  in  conducting 
those  affairs  which  I  have  styled  exclusively  national. 

In  this  division  of  the  rights  of  sovereignty,  the  share 
of  the  Union  seems  at  first  sight  more  considerable  than 
that  of  the  States,  but  a  more  attentive  investigation  shows 
it  to  he  less  so.  The  undertakings  of  the  government  of 
the  Union  are  more  vast,  but  it  has  less  frequent  occasion 
to  act  at  all.     Those  of  the  provincial  governments  are 


f  \    •!■ 


CHANeKs    OF    DLUATlUN    UK    lllK    I  NION. 


•ll>o 


comparativi'ly  sinall,  \n\\  tlity  are  iiici'ssaiit,  and  tlicy  keep 
alive  tlu'  autlmrity  wliicli  they  repivseiit.  The  govern- 
ment of  the  Union  watciies  over  tlie  mineral  interests  of 
the  eonntry  ;  hut  tlie  general  interests  of  a  j)eo|»le  have  hut 
a  questionahle  influence  n[)on  nulividual  happiness,  whilst 
j)rovin('ial  interests  produce  an  innnediate  I'll'ect  upon  the 
welfare  of  the  iidiahitants.  The  Union  secures  thi'  in(U'- 
pendence  and  the  greatness  of  the  nati(»n,  whicii  do  not 
immediately  affect  private  citizens  ;  hut  the  several  States 
maintain  tho  liherty,  regulate  the  rights,  j)rotect  the  tor- 
tune,  and  secure  the  life  and  the  whole  future  prosperity, 
of  every  citizen. 

The  Federal  government  is  far  removed  from  its  suh- 
jects,  whilst  the  provincial  governments  are  ^^ithin  the 
reach  of  them  all,  and  are  ready  to  attend  to  the  smallest 
appeal.  The  central  government  has  upon  its  side  the 
passions  of  a  few  superior  men  who  aspire  to  conduct  it ; 
but  upon  the  side  of  the  provincia  governments  are  the 
interests  of  all  those  second-rate  individuals  who  can  onlv 
hope  to  obtain  power  within  their  own  State,  and  who 
nevertheless  exercise  more  authority  over  the  people  be- 
cause they  are  nearer  to  them. 

The  Americans  have,  therefore,  much  more  to  lutpe  and 
to  fear  from  the  States  than  from  the  Union  ;  and,  accord- 
ing to  the  natural  tendency  of  the  human  mind,  tliey  are 
more  likely  to  attach  themselves  strongly  to  the  former 
than  to  the  latter.  In  this  respect,  their  habits  and  feel- 
ings harmonize  with  their  interests. 

When  a  compact  nation  divides  its  sovereignty,  and 
adopts  a  confederate  form  of  government,  the  traditions, 
the  customs,  and  the  manners  of  the  people  for  a  long  time 
strutriile  aoainst  the  laws,  and  give  an  influence  to  the  cen- 
tral  government  wdiich  the  laws  forbid.  But  when  a  num- 
ber  of  confederate  states  unite  to  form  a  single  nation,  the 
same  causes  operate  in  an  opposite  direction.     I  have  no 


If^ 


» 


40i; 


DKMOCRACY    IN    AMKRICA. 


li.-; 
If 


\ 


,'  i   if. 


>  ! 


pi'' 


:M 


1:1 


rl 


ii: ;? 


,;f 


! 

;]i 

( 

-i'i 

: 

* 

:  ■  ; 
• 

it 

li^: 


m 


(loiilit  tliat,  if  Fraiu'o  were  to  becumo  a  confi'dcratt'  rcpiilt- 
lic  like  iliat  of  tlie  United  States,  the  ^overinneiit  would 
at  fust  l)e  more  energetic  than  that  of  tlie  [Jiiioii  ;  and  if 
the  I'nion  were  to  aher  its  eonstitution  to  a  monarchy  like 
that  of  France,  I  tliink  that  the  American  o;()vernmeiit 
would  louii'  remain  wi-aker  tlian  the  Kn-nch.  When  tlie 
national  existence  of  the  A njilo- Americans  hetraii,  tln'ir 
provincial  I'xistence  was  already  of  lono;  standin<; :  neces- 
sary relations  were  estahlished  between  the  townshij)s  and 
the  individual  citizens  of  tlu>  same  States  ;  and  they  were 
accnstometl  to  consider  some  objects  as  common  to  tlicin 
uU,  and  to  conduct  other  athurs  as  exclusively  relatin<^  to 
their  own  special   interests. 

The  Union  is  a  vast  body,  which  presents  no  definite 
object  to  i)atriotic  feelintf.  The  forms  and  limits  of  tlu; 
state  are  distinct  and  circumscribed,  since  it  represents 
a  certain  number  of  objects  whicli  are  familiar  to  the  citi- 
zens, and  dear  to  them  all.  It  is  identified  with  the  soil ; 
with  the  right  of  property  and  the  domestic  affections ; 
with  the  recollections  of  the  past,  the  labors  of  the  })res- 
ent,  and  the  ho})es  of  the  future.  Patriotism,  then,  which 
is  fretpiently  a  mere  extension  of  individual  selfishness,  is 
still  directed  to  the  State,  and  has  not  })assed  over  to  the 
Union.  Thus,  the  tendency  of  the  interests,  the  habits, 
and  the  feelings  of  the  people  is  to  centre  political  activity 
in  the  States  in  preference  to  the  Union. 

It  is  easy  to  estimate  the  different  strength  of  the  two 
governments,  by  remarking  the  manner  in  which  they  ex- 
ercise their  respective  powers.  Whenever  the  government 
of  a  State  addresses  an  individual  or  an  assembly  of  indi- 
viduals, its  language  is  clear  and  imperative,  —  and  such  is 
also  the  tone  of  the  Federal  government  when  it  speaks 
to  individuals  ;  but,  no  sooner  has  it  anvthino;  to  do  with 
a  State,  than  it  begins  to  parley,  to  explain  its  motives  and 
justify  its  conduct,  to  argue,  to  advise,  and,  in  short,  any- 


ciiAN("i;s  OF  i>ri!Aii(>\  or  nii;  isios. 


4'.)7 


tliiiiii  l)ut  to  romiMMtul.  Tf  douUts  nro  raisi'd  ih  to  tlic 
limits  of  the  coiistitiitioMiil  |)o\vits  of  citlicr  ^iovcrmiu'iit, 
till'  |tro\iiiciiil  !:;ov(  rninciit  prcfrrs  its  clMiiu  with  liolilncss, 
iiiid  takes  |ti'(»m|tt  mih!  cncrm'tic  steps  to  sn|)|i(»rt  it.  Mean- 
while tlii' jioNcnimeiit  of  the  I'liioii  reasons;  if  a|»|>e;ils  to 
tlu'  interests,  the  iiood  sense,  the  y;loi'v  of  the  nation  ;  it 
tt'n»|)ori/.es,  it  neiiotiates,  and  doi's  not  consent  to  act  mitil 
it  is  redneed  to  the  last  extremity.  At  fii'st  sinht,  it  ini^ht 
reailily  he  imauiiit'd  that  it  is  the  |)ro\ineial  n()\ei-nn»ent 
which  is  iM'inetl  with  the  authority  of  tiie  nation,  and  that 
Couiiress  represents  a  sinn;le  State. 

The  Federal  ii'overnment  is,  therefore,  notwithstandinir 
the  precautions  of  those  who  founded  it,  naturally  so  wn-ak, 
that,  more  than  any  other,  it  reijuires  -the  i'roo  conseiit  of 
the  governed  to  enable  it  to  subsist.  It  is  easy  to  perceive 
that  its  ol)J(>ct  is  to  enable  the  States  to  reali/.i'  with  tiicility 
their  determination  '  ninainiiuj;  unite(l ;  and,  as  loniv  us 
this  ])reliniinary  condition  exists,  it  is  wise,  stronii;,  and 
active.  The  Constitution  fits  the  m)vernment  to  control 
individuals,  and  easily  to  surmount  such  obstacles  as  they 
may  be  inclini'd  to  offer,  but  it  was  by  no  means  establislied 
with  a  A'iew  to  the  possible  voluntary  sejjaration  of  one  or 
more  of  the  States  from  the   Union. 

If  the  sovereiijnty  of  the  IJ^nion  were  to  enija<:;e  ^ 
a  struireK'  with  that  of  the  States,  at  the  present  ihi.\\,  its 
defeat  may  be  confidi'Utly  ])redicted  ;  and  it  is  not  probable^ 
that  such  a  strugii'le  would  be  seriously  undertaken.*      As 

*  The  prcat  struggle  which  is  now  going  on  (1862),  and  a  greater  one  is 
nowiiere  recorded  in  liistory,  proves  tiiat  M.  de  Tocciuevillc  overlooked  one 
great  ol)stacle  to  the  dismeinl)ernicnt  of  the  Union.  Tiiis  is  found  in  tiic 
strong  attachment  of  tlic  remaining  members  of  tlie  federation,  who  resist 
to  the  dcatli  tlie  attempt  of  tlieir  sister  States  to  withdraw,  first,  because  tlie 
original  compact  between  them  made  no  provision  for  such  withdrawal  except 
by  the  voluntary  consent  of  tlie  greater  numlier ;  and  secondly  and  chiefly, 
because  tlic  remaining  States,  who  are  the  large  majority,  are  not  willing  to 
allow  the  intcnsts,  the  power,  and  the  glory  of  all  to  be  sacrificed  by  the  act 

1  •  i- 


i 


f  . 


* 


li 


I 


498 


DKMOCRACY   IX   AMERICA. 


■■'   \ 


.v'f 


'}>■'' 


often  as  a  steady  resistance  is  offered  to  the  Federal  2;ov- 
ernment,  it  will  be  found  to  yield.  Experience  lias  hith- 
erto shown  that,  whenever  a  State  has  demanded  anvthino: 
with  perseverance  and  resolution,  it  has  invariably  sue 
ceeded ;  and  that,  if  it  has  distinctly  refused  to  act,  it  was 
left  to  do  as  it  thought  fit.* 

But  even  if  the  government  of  the  Union  had  any 
strength  inherent  in  itself,  the  physical  situation  of  the 
country  would  render  the  exercise  of  that  strength  very 
difficult.!  The  United  States  cover  an  immense  territory, 
they  are  separated  from  each  other  by  great  distances,  and 
the  population  is  disseminated  over  the  surfiice  of  a  coun- 
try which  is  still  half  a  wilderness.  If  the  Union  were 
to  undertake  to  enforce  by  arms  the  allegiance  of  the 
confederate  States,  it  would  be  in  a  position  very  analo- 
gous to  that  of  England  at  the  time  of  the  war  of  in- 
dependence. 

However  strong  a  government  may  be,  it  cannot  easily 
escape  from  the  consequences  of  a  principle  which  it  has 
once  admitted  as  the  foundation  of  its  constitution.  The 
Union  was  formed  by  the  voluntary  agi*eement  of  the 
States ;  and  these,  in  uniting  together,  have  not  forfeited 
their  nationality,  nor  have  they  been  reduced  to  the  con- 

of  a  few.  They  thus  act  in  strict  accordance  with  their  own  republican  prin- 
ciple, that  the  will  of  the  majority,  duly  ascertained  and  expressed  in  the 
manner  and  under  the  limitations  prescribed  by  the  Constitution,  shall  be 
the  ultimate  and  supreme  law,  from  which  there  can  be  no  appeal.  And  this 
determination  they  are  now  manifcstinj;  with  a  xmanimity  and  enerpy  such 
as  no  nation  has  ever  before  shown  in  defence  of  its  f^overnment.  —  Am.  Ed. 

*  See  tli^  conduct  of  the  Northern  States  in  the  war  of  1812.  "  During 
that  war,"  says  Jefferson  in  a  letter  to  General  Lafayette,  "  four  of  the  East- 
ern States  were  only  atta^'hed  to  the  Union  like  so  many  inanimate  bodies  to 
living  men." 

t  Tiie  profound  peace  of  the  Union  affords  no  pretext  for  a  standing  army ; 
and  witiiout  a  standing  army,  a  government  is  not  prepared  to  profit  by  a 
favorable  opportunity  to  conquer  resistance,  and  take  the  sovereign  power  by 
surprise. 


CHANCES    OF   DURATION    OF    THi:    UNION. 


499 


dition  of  one  and  the  same  people.  If  one  of  the  States 
cliose  to  withdraw  its  name  from  tlie  contract,  it  would 
be  difficult  to  disprove  its  right  of  doing  so,*  and  the 
Federal  government  would  have  no  means  of  nuiintainino; 
its  claims  directly,  either  by  force  or  by  right.  In  order 
to  enable  the  Federal  government  easily  to  conquer  the 
resistance  which  may  be  offered  to  it  by  any  of  its  sub- 
jects, it  would  be  necessary  that  one  or  more  of  them 
should  be  specially  interested  in  the  existence  of  the 
Union,  as  has  frequently  been  the  case  hi  the  history 
of  confederations. 

If  it  be  supposed  that  amongst  the  States  which  are 
united  by  the  Federal  tie  there  are  some  which  exclusively 
enjoy  the  principal  advantages  of  union,  or  whose  prosper- 
ity entirely  depends  on  the  duration  of  that  union,  it  is 
unquestionable  that  they  will  always  be  ready  to  sui)port 
the  central  government  in  enforcino;  the  obedicMice  of  the 
others.  But  the  government  would  then  be  exerting  a 
force  not  derived  from  itself,  but  from  a  princijjle  contrary 
to  its  nature.  States  form  confederations  in  order  to  de- 
rive equal  advantages  from  their  union  ;  and  in  the  case 
just  alluded  to,  the  Federal  govennnent  would  derive 
its  power  from  the  unequal  distribution  of  those  benefits 
amongst  the  States. 

If  one  of  the  confederate  States  have  acquired  a  prepon- 
derance sufficiently  great  to  enable  it  to  take  exclusive  pos- 
session of  the  central  authority,  it  will  consider  the  other 
States  as  subject  provinces,  and  will  cause  its  own  suprem- 
acy to  be  respected  under  the  borrowed  name  of  the  sov- 
ereignty of  the  Union.  Great  things  may  then  be  done 
in  the  name   of  the  Federal  government,  but,  in   reality, 

*  It  is  enoup:h  here  to  say  in  reply,  that  the  opinion  of  our  fxrcatest  law- 
yers and  statesmen,  fortified  l>y  repeated  judf^mcnts  of  tiie  Siiprenic  Court, 
is,  tliat  a  State  has  no  right  under  the  Coustitutiou  voluntarily  to  secede 
from  the  Union.  —  Am.  Ed. 


■m 


I 


'!  :l 


:,;;,i   .  ij 


m  !!« 


;  >•'•. 


600 


DOIOCRACY   IN   AMKKICA. 


'*t  >.i 


that  government  will  have  ceased  to  exist.*  In  both  these 
cases,  the  power  which  acts  in  the  name  of  the  confedera- 
tion becomes  stroriiier  tlie  more  it  abandons  the  natural 
state  and  the  acknowledged  principles  of  confederations. 

In  America,  the  existinji;  Union  is  advantageous  to  all 
the  States,  but  it  is  not  indispensable  to  any  one  of  them. 
Several  of  them  might  break  the  Federal  tie  without  com- 
promising the  weltiire  of  the  others,  although  the  sum  of 
their  joint  prosperity  would  be  less.  As  the  existence  and 
the  ha})piness  of  none  of  the  States  are  wholly  dependent 
on  the  present  Constitution,  they  would  none  of  them  be 
disposed  to  make  great  personal  sacrifices  to  maintain  it. 
On  the  other  hand,  there  is  no  State  which  seems  hitherto 
to  have  its  ambition  much  interested  in  the  maintenance 
of  the  existing  Union.  They  certainly  do  not  all  exercise 
the  same  influence  in  the  Federal  councils  ;  but  no  one 
can  hope  to  domineer  over  the  rest,  or  to  treat  them  as 
its  inferiors  or  as  its  subjects. 

It  appears  to  me  unquestionable,  that,  if  any  portion  of 
the  Union  seriously  desired  to  separate  itself  from  the  other 
States,  they  would  not  be  able,  nor  indeed  would  they 
attempt,  to  prevent  it ;  and  that  the  present  Union  will 
only  last  as  long  as  the  States  which  compose  it  choose 
to  continue  members  of  the  confederation.  If  this  pouit 
be  admitted,  the  question  becomes  less  difficult ;  and  our 
object  is,  not  to  inquire  whether  the  States  of  the  existing 
Union  are  capable  of  separating,  but  whether  they  will 
choose  to  remain  united. 

Amongst  the  various  reasons  which  tend  to  render  the 
existing  Union  useful  to  the  Americans,  two  principal 
ones  are  especially  evident  to  the  observer.     Although  the 

*  Thus  the  province  of  Holland,  in  the  republic  of  the  Low  Countries,  and 
the  Emperor  in  the  Germanic  Confederation,  have  sometimes  put  themselves 
in  the  place  of  the  Union,  and  have  employed  the  federal  autliority  to  tiicir 
own  advantage. 


-^iif 


CHAXCKS    01'    DURATKJN    or    TIIK    UNION. 


501 


t ' 


Americans  are,  as  it  were,  alone  upon  tlieir  continent,  com- 
merce i!;ives  tlieni  for  neiiilibors  all  the  nations  with  which 
they  trade.  Notwithstanding  their  apparent  isolation,  then, 
the  Americans  need  to  be  strong,  and  thev  can  be  stron;:; 
only  by  remaining  united.  It"  the  Sttites  wei'e  to  split, 
tliey  would  not  only  diminish  the  strength  which  they  now 
have  against  foreigners,  but  they  would  soon  create  foreign 
powers  upon  tlieir  own  territory.  A  system  of  inland  cus- 
tom-houses would  then  be  established;  the  valleys  would 
be  divided  by  imaginary  boundary  lines ;  the  courses  of 
the  rivers  would  be  impeded,  and  a  nuiltitude  of  hin- 
drances would  })revent  the  Americans  from  using  that  vast 
continent  which  Providence  has  given  *hem  for  a  iloininion. 
At  present,  they  have  no  invasion  to  fear,  and  conscMiuently 
no  standing  armies  to  maintain,  no  taxes  to  levy.  If  the 
Union  were  dissolved,  all  these  burdensome  things  would 
erelong  be  required.  The  Americans  are,  then,  most 
deeply  interested  in  the  maintenance  of  their  Union.  On 
the  other  liand,  it  is  almost  impossible  to  discover  any 
private  interest  wdiicli  might  now  tem])t  a  portion  of  the 
Union  to  separate  from  the  other  States. 

When  we  cast  our  eyes  upon  the  map  of  the  United 
States,  we  perceive  the  chain  of  the  Alleghany  Mountains, 
running  from  the  northeast  to  the  southwest,  and  cross- 
ing nearly  one  thousand  miles  of  country ;  and  we  are  led 
to  imagine  that  the  design  of  Providence  Avas  to  raise,  be- 
tween the  valley  of  the  Mississippi  and  the  coasts  of  the 
Atlantic  Ocean,  one  of  those  natural  barriers  which  break 
the  mutual  intercourse  of  men,  and  form  the  necessary 
limits  of  different  States.  But  the  averajxe  heio-ht  of  the 
Alleohanies  does  not  exceed  2,500  feet.  Their  rounded 
summits,  and  the  spacious  valleys  which  they  enclose  with- 
in tlieir  passes,  are  of  easy  access  in  several  directions. 
Besides,  the  principal  rivers  which  fall  into  the  Atlantic 
Ocean,  the  Hudson,  the  Sus(juelianna,  and  the  Potomac, 


Hi 


m 


;«,]:  :| 


'f  >■;•:'. 


502 


DEJIOCRACY  IN  AMERICA. 


m 


n'i 


^:rl! 


'"t'1  i': 


fi  mi 


mi 


i:r 


take  their  rise  beyond  the  Alleghanies,  in  an  open  elevated 
plain,  which  borders  upon  the  valley  of  the  Mississi})pi. 
These  streams  quit  this  tract  of  country,  make  their  way 
throuMi  the  barrier  which  would  seem  to  turn  them  west- 
ward,  and,  as  they  wind  through  the  mountains,  open  an 
easy  and  natural  passage  to  man. 

No  natural  barrier  divides  the  regions  which  are  now 
inhabited  by  the  Anglo-Americans ;  the  Alleghanies  are 
so  far  from  separating  nations,  that  they  do  not  even  divide 
different  States.  New  York,  Pennsylvania,  and  Virginia 
comprise  them  within  their  borders,  and  extend  as  nuich 
to  the  west  as  to  the  east  of  the  line. 

The  territory  now  occupied  by  the  twenty-four  States 
of  the  Union,  and  the  three  great  districts  which  have  not 
yet  acquired  the  rank  of  States,  although  they  already 
contain  inhabitants,  covers  a  surface  of  1,002,000  square 
miles,*  which  is  about  equal  to  five  times  the  extent  of 
France.  Within  tliese  limits  the  quality  of  the  soil, 
the  temperature,  and  the  produce  of  the  country,  are  ex- 
tremely various.  The  vast  extent  of  territory  occupied  by 
the  Anglo-American  republics  has  given  rise  to  doubts  as  to 
the  maintenance  of  their  Union.  Here  a  distinction  must 
be  made  ;  contrary  interests  sometimes  arise  in  the  differ- 
ent provinces  of  a  vast  empire,  which  often  terminate  in 
open  dissensions ;  and  the  extent  of  the  country  is  then 
most  prejudicial  to  the  duration  of  the  state.  But  if  the 
inhabitants  of  these  vast  regions  are  not  divided  by  con- 
trary  interests,  the  extent  of  the  territory  is  favorable  to 

*  See  Darliy's  View  of  the  United  States,  p.  435.  [In  1860  the  nunihtT 
of  States  has  increased  to  34  ;  tlie  population  to  31,000,000,  and  tlie  area  of 
the  States,  3,189,000  square  miles.  —  Eiu/lish  Translator's  Note,]  [And  now 
that  the  United  States  comprise  a  vast  region  bordering  on  the  Pacific  Ocean, 
the  liocky  Mountains,  and  the  barren  and  mountainous  country  adjacent  to 
them,  form  a  great  natural  barrier  between  the  eastern  and  western  portions 
of  the  Union.  — Am.  Ed.] 


CHANCES    OF   DURATION   OF   THE   UNION. 


m 


their  prosperity  ;  for  tlie  unity  of  the  government  pro- 
motes tlie  interchange  of  tlie  different  })roduc'tions  of  the 
soil,  and  increases  their  vahie  by  tiiciUating  tlieir  con- 
sumption. 

It  is  indeed  easy  to  discover  different  interests  in  the 
different  parts  of  the  Union,  but  I  am  unacquainted  with 
any  whicli  are  hostile  to  each  other.  The  Southern  States 
are  almost  exclusively  agricultural.  The  Northern  States 
are  more  j)eculiarly  commercial  and  manufacturing.  The 
States  of  the  West  are,  at  the  same  time,  aiiricultural  and 
manuflicturing.  In  the  South,  the  crops  consist  of  tobac<'o, 
rice,  cotton,  and  sugar  ;  in  the  North  and  the  AV^est,  of 
wheat  and  maize  :  these  are  different  sources  of  wealth  ; 
but  union  is  the  means  by  which  these  sources  are  opened 
and  rendered  e([ually  advantageous  to  all. 

The  North,  which  ships  the  produce  of  the  Anglo- 
Americans  to  all  parts  of  the  world,  and  brings  back  the 
produce  of  the  globe  to  the  Union,  is  evidently  interested 
in  maintaining  the  confederation  in  its  present  condition, 
in  order  that  the  number  of  American  producers  and  con- 
sumers may  remain  as  large  as  possible.  The  North  is  the 
most  natural  agent  of  communication  between  the  South 
and  the  West  of  the  Union  on  the  one  hand,  and  the  rest 
of  the  world  upon  the  other ;  the  North  is  therefore  inter- 
ested in  the  union  and  prosperity  of  the  South  and  the 
West,  in  order  that  they  may  continue  to  furnish  raw  ma- 
terials for  its  manufactures,  and  cargoes  for  its  shipping. 

The  South  and  the  West,  on  their  side,  are  still  more 
directly  interested  in  the  preservation  of  the  Union  and 
the  prosperity  of  the  North.  The  produce  of  the  South 
is,  for  the  most  part,  exported  beyond  seas  ;  the  South  and 
the  West  consequently  stand  in  need  of  the  commercial 
resources  of  the  North.  They  are  likewise  interested  in 
the  maintenance  of  a  powerful  fleet  by  the  Union,  to  pro- 
tect them  efficaciously.     The  South  and  the  West  have  no 


! '  'II. 


m 


504 


DK.MOCRACY   L\    AMKUICA. 


ji  ill 


\'. 


vessels,  but  willinfily  contribute  to  tlie  ex})eiise  of  a  navy; 
for  if  the  fleets  of  Euroi)e  were  to  blockade  the  ports  of 
the  South  and  the  delta  of  the  Mississij)])i,  what  would 
become  of  the  rice  of  the  Carolinas,  the  tobacco  of  Vir- 
ilinia,  and  the  suoar  and  cotton  which  m'<>w  in  the  vallcv 
of  the  Mississippi  ?  Every  portion  of  the  Federal  bud«ivt 
does,  therefore,  contribute  to  the  maintenance  of  material 
interests  which  are  connnon  to  all  the  confederate  States. 

Independently  of  this  commercial  utihty,  the  South  :uid 
tiie  West  derive  great  jjolitical  advantages  from  their  union 
with  each  other  and  with  the  North.  The  South  contains 
an  enormous  slave  population,  —  a  population  which  is  al- 
ready alarming,  and  still  more  formidable  for  the  futuri'. 
The  States  of  the  West  occupy  a  single  valley ;  the  rivers 
which  intersect  their  territory  rise  in  the  Ivocky  Mountains 
or  in  the  Alleghanies,  and  fall  into  the  JNIississippi,  wl)ich 
bears  them  onwards  to  the  Gulf  of  Mexico.  The  Western 
States  are  conse(piently  entirely  cut  off,  by  their  position, 
from  the  traditions  of  Europe  and  the  civilization  of  the 
Old  World.  The  inhabitants  of  the  South,  then,  are  in- 
duced to  su])port  the  Union  in  order  to  avail  themselves 
of  its  protection  against  the  blacks ;  and  the  inhabitants  of 
the  West,  in  order  not  to  be  excluded  from  a  free  commu- 
nication with  the  rest  of  the  globe,  and  shut  up  in  the  wilds 
of  central  America.  The  North  cannot  but  desire  the 
maintenance  of  the  Union,  in  order  to  remain,  as  it  now 
is,  the  connecting  link  between  that  vast  body  and  the 
other  parts  of  the  world. 

The  material  interests  of  all  the  parts  of  the  Union  are, 
then,  intimately  connected  ;  and  the  same  assertion  holds 
true  respecting  those  opinions  and  sentiments  which  may 
be  termed  the  ui-    aterial  interests  of  men. 

The  inhabitar  of  the  United  States  talk  much  of  their 
attachment  to  neir  country  ;  but  I  confess  that  I  do  not 
rely  upon    tl  at   calculating   patriotism  which    is   founded 


CHANCES    OF    DlliATION    OF    TIIK    INIUN. 


oO.J 


,  are  in- 


commu- 


upon  interest,  and  wliieli  a  change  in  tlii'  interests  may 
destroy.  Nor  do  1  attach  nuich  inijxtrtance  to  the  hm- 
gnage  of  the  Americans,  wlicn  they  manifest,  in  their  daily 
conversation,  the  intention  of  maintalnino-  tlie  Federal  sns- 
tem  ado})ted  by  their  forefathers.  A  govennnciit  retains 
its  swi<^  Mv  >  a  ;i;i'oat  number  of  citizens  far  less  hv  tlie 
volunta^^  a'  rational  consent  of  tlie  nndtitude,  than  by 
that  instinctive,  and  to  a  cei  Mt  extent  invohuitary,  agive- 
ment  "svliich  results  from  simihu'ity  of  feehni;s  and  resem- 
blances of  opinion.  I  will  never  admit  that  men  constitute 
a  social  body  sim})ly  because  they  obey  tlie  same  head  and 
the  same  laws.  Society  can  oidy  exist  when  a  great  luim- 
ber  of  men  consider  a  oreat  ninnber  of  thiniis  under  the 
same  aspect,  when  they  hold  the  same  opinions  upon  many 
subjects,  and  when  the  same  occurrences  suggest  the  same 
thoughts  and  impressions  to  their  minds. 

The  observer  who  examines  what  is  passing  in  the 
United  States  upon  this  princi})le,  will  readily  discover 
that  their  inhabitants,  though  divided  into  twenty-four 
disti.ict  sovereignties,  still  constitute  a  single  ])eople ;  and 
he  may  perhaps  be  led  to  think  that  the  Anglo-American 
Union  is  more  truly  a  united  society  than  some  nations  of 
Europe  which  live  under  the  same  legislation  and  the  same 
prince. 

Althouo;h  the  Anolo- Americans  have  several  relio-ious 
sects,  they  all  regard  religion  in  the  same  manner.  They 
are  not  always  agreed  upon  the  measures  which  are  most 
conducive  to  good  government,  and  they  vary  upon  some 
of  the  forms  of  government  which  it  is  expedient  to  adopt ; 
but  they  are  unanimous  upon  the  general  princi})les  which 
ought  to  rule  human  society.  From  Maine  to  the  Flor- 
idas,  and  from  the  Missouri  to  the  Atlantic  Ocean,  the 
people  are  held  to  be  the  source  of  all  legitimate  power. 
The  same  notions  are  entertained  respecting  liberty  and 
equality,  the  liberty  of  the  press,  the  right  of  association, 

22 


m 


506 


DEMOCRACY  IN   AMERICA. 


i  t' 


tlie  juiy,  and  the  rosponsibility  of  the  agents  of  govern- 
ment. 

If  we  turn  from  tlieir  political  and  religious  opinions  to 
the  moral  and  philosophical  principles  which  regulate  the 
daily  actions  of  life,  and  <xovern  tneir  conduct,  we  still  tind 
the  same  uniformity.  The  Anglo-Americans*  acknowl- 
edge the  moral  authority  of  the  reason  of  the  community, 
as  they  acknowledge  the  pohtical  authority  of  the  mass  of 
citizens ;  and  they  hold  that  i)ublic  opinion  is  the  surest 
arbiter  of  what  is  lawful  or  forbidd(  n,  true  or  false.  The 
majority  of  them  believe  that  a  man,  by  following  his  own 
interest  rightly  understood,  will  be  led  to  do  what  is  just 
and  good.  They  hold  that  every  man  is  born  in  posses- 
sion of  the  right  of  self-government,  an'^'  *hat  no  one  has 
the  right  of  constraining  his  fellow-creatd'es  to  be  happy. 
They  have  all  a  lively  iiiitli  in  the  perfectibility  of  man ; 
they  judge  that  the  diffusion  of  knowledge  must  necessa- 
rily be  advantageous,  and  the  consequences  of  ignorance 
flital ;  they  all  consider  society  as  a  body  in  a  state  of  im- 
provement, humanity  as  a  changing  scene,  in  Avhicli  noth- 
ing is,  or  ought  to  be,  permanent ;  and  they  admit  that 
what  appears  to  them  to-day  to  be  good,  may  be  superseded 
by  something  better  to-morrow.  I  do  not  give  all  these 
opinions  as  true,  but  as  American  opinions. 

The  Anglo-Americans  are  not  only  united  by  these  com- 
mon opinions,  but  they  are  separated  from  all  other  nations 
by  a  feeling  of  pride.  For  the  last  fifty  years,  no  pains 
have  been  spared  to  convince  the  inhabitants  of  the  United 
States  that  they  are  the  only  religious,  enlightened,  and 
free  people.  They  perceive  that,  for  the  present,  their 
own  democratic  institutions  prosper,  whilst  those  of  other 
countries  fail  ;  hence  they  conceive  a  high  opinion  of  their 

*  It  is  scarcely  necessary  for  me  to  observe  that,  by  the  expression  Aiujlo- 
Americans,  I  mean  to  designate  only  the  great  majority  of  the  nation  ;  for 
Bome  isolated  individuals,  of  course,  hold  very  different  opinions. 


I  ti.. .-; 


CHANCKS   01'   DUUATIUN   01"    Till:;    UNION. 


i07 


superiority,  and  are  not  very  remote  from  believing  them- 
selves to  be  ji  distinct  species  of  mankind. 

Thus,  the  dangers  which  threaten  the  American  Union 
do  not  originate  in  diversity  of  interests  or  of  o})inions  ; 
but  in  the  various  characters  and  passions  of  the  Ameri- 
cans. The  men  who  inhabit  the  vast  territory  of  the 
United  States  are  almost  all  the  issue  of  a  conunon  stock  ; 
but  climate,  and  more  especially  slavery,  have  gradually 
introduced  marked  ditferences  between  the  Jiritish  settler 
of  the  Southern  States  and  the  Jiritish  settler  of  the  Mortli. 
In  Europ(j,  it  is  generally  believed  that  slavery  has  ren- 
dered the  interests  of  one  part  of  the  Union  contrary  to 
those  of  the  other ;  but  1  have  not  found  tiiis  to  be  the 
case.  Slavery  has  not  created  interests  in  the  South  con- 
trary to  those  of  the  North,  but  it  has  modified  the  char- 
acter and  chanoed  the  habits  of  the  natives  of  the  South. 

I  have  already  explained  the  inHueuce  of  slavery  upon 
the  commercial  ability  of  the  Americans  in  the  South ;  and 
this  same  influence  equally  extends  to  their  manners.  The 
slave  is  a  servant  who  never  remonstrates,  and  who  sub- 
mits to  everything  without  complaint.  He  may  sometimes 
assassinate,  but  he  never  withstands,  his  master.  In  the 
South,  there  are  no  families  so  poor  as  not  to  have  slaves.* 
The  citizen  of  the  Southern  States  becomes  a  sort  of  do- 
mestic dictator  from  infancy ;  the  first  notion  he  acquires 
in  life  is,  that  he  is  born  to  command,  and  the  first  habit 
which  he  contracts  is  that  of  ruling  without  resistance. 
His  education  tends,  then,  to  give  him  the  character  of  a 
haughty  and  hasty  man,  —  irascible,  violent,  ardent  in  his 
desires,  impatient  of  obstacles,  but  easily  discouraged  If  he 
cannot  succeed  upon  his  first  attempt. 


jr 


m 


ili 


ll 


1 1  . 


1"!  ■' 


1 ««!  ■ 


i|: 


*  This  is  not  strictly  true.  There  are  many  "  poor  whites,"  as  they  are 
termed,  in  the  Soutlierii  States,  who  own  no  slaves,  and  earn  a  scanty  sub- 
sistence by  the  labor  of  their  hands,  though  they  labor  very  unwillingly,  — 
Am.  Ed. 


:1 1     ¥ 

m  ! 


i:<r 


508 


DKMOCRACY    IN    AMKRICA. 


■)§.:!.' 


Till'  Anu'ricati  of  tlie  North  sees  no  sluvos  siround  him 
ill  liis  cliildhood  ;  he  is  even  ui  attended  hy  free  siTviints, 
for  he  is  usually  obliged  to  provide  tor  his  own  wants.  As 
soon  as  he  enters  the  world,  the  idi'a  of  necessity  assails 
him  on  vvi.n'y  side :  he  soon  learns  to  know  exactly  the 
natural  limits  of  his  power  ;  lu'  never  exjK'cts  to  suhdue 
by  force  those  who  withstand  him  ;  and  he  knows  that  the 
surest  means  of  obtain i no'  the  su|)[)ort  of  his  fellow-creatures 
is  to  win  their  favor,  lie  therefore  be(;omes  j)atient,  reflect- 
ing, tolerant,  slow  to  act,  and  persevering  in  his  designs. 

In  the  Southern  States,  the  more  pressing  wants  of  life 
are  always  snpplii'tl ;  the  inhabitants,  therefore,  are  not 
occuj)ied  with  t)ie  material  cares  of  life,  from  which  they 
are  relieved  by  others ;  and  their  imagination  is  diverted 
to  more  ca})tivating  and  less  definite  objects.  The  Ameri- 
can of  the  South  is  fond  of  grandeur,  luxury,  and  renown, 
of  gayety,  pleasure,  and,  above  all,  of  idleness ;  nothing 
obliiies  him  to  exert  himself  in  order  to  subsist;  and  ts  he 
has  no  necessary  occu})ations,  he  gives  way  to  indolence, 
and  does  not  even  attempt  what  would  be  useful. 

But  the  etpiality  of  fortunes  and  the  absence  of  slavery 
in  the  North  plunge  the  inhabitants  in  those  material  cares 
which  are  disdained  by  the  white  population  of  the  South. 
They  are  taught  from  infancy  to  combat  want,  and  to  place 
wealth  above  all  the  pleasures  of  the  intellect  or  the  heart. 
The  imagination  is  extinguished  by  the  trivial  details  of 
life ;  and  the  ideas  become  less  numerous  and  less  general, 
but  far  more  practical,  clearer,  and  more  precise.  As  pros- 
})erity  is  the  sole  aim  of  exertion,  it  is  excellently  well  at- 
tained ;  nature  and  men  are  turned  to  the  best  pecuniary 
advantage ;  and  society  is  dexterously  made  to  contribute 
to  the  welfare  of  each  of  its  members,  whilst  individnal 
selfishness  is  the  source  of  general  happiness. 

The  American  of  the  North  has  not  only  experience,  but 
knowledge ;  yet  he  values  science  not  as  an  enjoyment,  bnt 


CUANUKS    OF    IHIJ.MION    OK    Illl':    INIoN. 


:>o!) 


1  cares 
Soutli. 
to  place 
heart, 
ails  of 
eneral, 
s  pros- 
-ell  at- 


an  a  uu'aiis,  and  is  only  anxious  to  sci/A'  its  usi't'ul  aj)plica- 
tions.  'riic  iVnicrican  of  the  South  is  nioi'i'  t:;ivi'U  to  act 
upon  iinj)ulsc! ;  he  is  more  ("lever,  nion;  i'rank,  more  ircner- 
ous,  nioiv  intellectual,  and  more  l)rilliant.  Tlie  former,  with 
a  ^ri'ater  degree  of  activity,  conunon  sense,  information,  and 
general  aptitutU*,  has  tiie  characteristic  good  and  evil  (jual- 
ities  of  tile  middle  classes.  The  lattt-r  lias  the  tastes,  tiie 
prejudices,  the  weaknesses,  and  the  magnanimity  of  all  aris- 
tocracies. 

If  two  men  aie  united  in  society,  who  have  the  samo 
interests,  and,  to  a  certain  extent,  the  same  opinions,  hut 
different  characters,  different  actpiirements,  ami  a  dilferent 
style  of  civilization,  it  is  most  prohahle  that  these  men  will 
not  agree.  The  same  remark  is  applicable  to  a  society  of 
nations. 

Slavery,  then,  does  not  attack  the  American  Union  di- 
rectly in  its  interests,  but  indirectly  in  its  maimers. 

The  States  which  ijave  their  assent  to  the  Federal  con- 
tract  in  1700  were  thirteen  in  number ;  the  Union  now 
consists  of  twenty-four  [thirty-four]  members.  Tiie  j)oj)- 
ulation,  wdiich  amounted  to  nearly  four  millions  in  171)0, 
had  more  than  tripled  in  the  space  of  forty  years  ;  in 
18-)0,  it  amounted  to  nearlv  thirteen  millions.*  Chauiics 
of  such  maiinitude  cannot  take  ])lace  without  dauixer. 

A  society  of  nations,  as  well  as  a  society  of  individuals, 
has  three  princij)al  chances  of  duration,  —  namely,  the  wis- 
dom of  its  members,  their  individual  weakness,  and  their 
limited  number.  The  Americans  who  ([uit  tlu'  coasts  of 
the  xVtlantic  Ocean  to  })lunge  into  the  Western  wilderness 
are  adventurers,  imj)atient  of  restraint,  greedy  of  wealth, 
and  frequently  men  expelled  from  the  States  in  which  they 
were  born.      When  they  arrive  in   the  deserts,  they  are 


*  Ccnsuri  of  1 790 
"  1830 
"         1860 


12,8r)6,165. 
31,134,066. 


I 


St 

r 


r>io 


DKMOCISACV    IN    AMKIMCA. 


I'll 


r 


I'      '   ' 
K'  ! 


M'H\ 


1.   'i1       ! 


v  t 


tl:       i 


I  mA 


(    i 


unknown  to  cacli  other  ;  tlicy  liiivc  ni'itluT  triulitions,  Him- 
ily  li'('Iin<:;,  nor  tlu'  torce  of  cxiunjdc  to  clicfk  tluir  ox- 
ci'sscs.  'I'lic  iuitlioritv  of  till'  h\\\s  is  tl-clili'  ainonn;st  tlicni, 
—  that  of  morality  is  still  wcaki-r.  Tlu'  settlors  who  aro 
constantly  pcoplino;  the  valley  of  the  Mississipjii  are,  then, 
in  every  ri's|)eet,  inferior  t(»  the  Americans  who  inlialiit 
the  older  i)arts  of  the  Cnion.  I5nt  thev  alri'adv  exei'cise 
a  oi\'at  influence  in  its  councils  ;  and  they  ari'i\ e  at  the 
jfoM'rnment  of  the  conunonwealth  bel'ore  they  have  learnt 
to  <jjo\'eru  themselves.* 

The  o-reater  the  individual  weakness  of  the  contractinii; 
])arties,  the  <:;reater  are  the  chances  of  the  dnration  of  the 
contract  ;  for  their  safety  is  then  dt'|)endent  upon  their 
union.  When,  in  17*.H),  the  most  popnlons  of  the  Ameri- 
can rej)ul)lics  did  not  contain  500,000  inhal)itants,f  each 
of  them  felt  its  own  insio;nificance  as  an  independent  peo- 
ple, and  this  feelinii;  rendered  compliance  with  the  Federal 
authority  more  easy.  liut,  when  one  of  the  coni'ederato 
States  reckons,  like  the  State  of  New  York,  two  millions 
[three  and  a  half  millions]  of  inhabitants,  and  covers  an 
extent  of  territory  eijual  to  a  (juarter  of  France,  :j:  it  feels 
its  own  strength  ;  and,  although  it  may  still  support  the 
Union  as  useful  to  its  prosj)erity,  it  no  lojiger  regards 
it  as  necessary  to  its  existence ;  and,  while  consenting  to 
continue  in  it,  it  aims  at  preponderance  in  the  Federal 
councils.  The  mere  increase  in  number  of  the  States 
weakens  the  tie  that  holds  them  together.  All  men  who 
are  placed  at  the  same  point  of  view  do  not  look  at  the 
same  objects  in  the  same  manner.  Still  less  do  they  do 
so  when  the  point  of  view  is  different.      In  proportion, 

*  Tins  indeed  is  only  a  temporary  dant,fer.  I  have  no  doubt  that  in  time 
society  will  assume  as  much  staliility  and  re<rularity  in  the  West  as  it  has 
already  done  upon  the  coast  of  the  Atlantic  Ocean. 

t  rcnnsylvania  contained  431,373  inlial)itants  in  1790. 

t  The  area  of  the  State  of  New  York  is  ahout  4G,000  square  miles. 


cuANcKs  or  Dn.'AiioN-  (ii'   iiii;  r\i(>\. 


Ml 


tlii'ii,  as  tlic  AiiKM'iciUi  i"fj)iilili(s  Iiccoiiu'  iiiofc  numerous, 
flicrc  is  less  cliimcc  (»t'  tlu'ir  imaiiiiiiity  in  matters  dt'  K'^is- 
liition.  At  pivsc'Mt,  till'  interests  of  the  tliU'erent  parts  ot' 
tlio  Tnion  are  not  at  variance;  l)Ut  who  can  t'oi'esee  tlio 
various  changes  of  tlio  future  in  a  couiitrv  in  w  hich  new 
towns  i  le  fouii<U'(l  every  day,  and  new  States  almost  every 
vear  ? 

Since  the  first  settlement  of  the  Ri'itish  Colonies,  the 
mimher  of  inhahitants  has  ahout  douhled  ('veiy  twenty- 
two  years.      I  perceive  no  can  es  which  are  rifely  to  check 


this  ratio  of   inc 


>f  the  An<rlo-A 


ilati 


crease  or  nie  An<j;io-AiT  -.'rican  po|>ulatU)ii 
for  the  next  hundred  years  ;  and  hef  tvi'  that  time  has 
elapsed,  I  believe  that  the  territories.  .•■  d  (h'|i<  : deiu  es  of 
the  United  States  will  bo  covered  by  more  th;'.  a  hundred 
millions  of  inhabitants,  and  divided  into  foi  v  State>:  f  I 
admit  that  these  hundred  millions  of  ''ic>i  have  no  di.;  rent 
interests.  I  sujipose,  on  the  contra /y,  that  they  are  all 
ecpially  interested  in  the  maintenance  of  the  Union  ;  but 
I  still  say  that,  for  the  very  reason  that  they  are  a  hundred 
millions,  forming  forty  distinct  nations  uiuMpially  strone;, 
the  continuance  of  the  Federal  m)vernment  can  only  bo 
a  fortunate  accident. 

Whatever  faith  I  may  have  in  the  perfectibility  of  man, 

*  If  tlie  i)0[)ulation  coiitiiuios  tr  'louhlc  every  twenty-two  yenrs,  as  it  lias 
done  for  the  last  two  limulred  j-ea/-  -n  numl)cr  of  inlialiitants  in  the  United 
States  in  1852  will  l)e  twenty-fonr  millions;  in  1874,  forty-eitrht  millions; 
and  in  1896,  ninety-six  millions.  This  may  still  he  the  case,  even  if  the 
lands  on  the  eastern  slope  of  liie  lioeky  Mountains  should  lie  found  unlit  for 
cultivation.  The  territory  whicii  is  already  occupied  can  easily  contain  this 
numlier  of  inhahitants.  One  hundred  millions  of  men  spread  over  the  sinfaco 
of  the  twenty-f  ;'ar  States,  and  the  three  dependencies,  which  now  constitute  the 
Union,  would  only  give  762  inhahitants  to  the  square  lea<;ue  ;  this  would  I)e 
far  helow  the  mean  population  of  France,  which  is  1,006  to  the  s(|uare  lcaj:iie  ; 
or  (if  Eiiiiland,  which  1,4.')7  ;  an<l  it  would  even  he  helow  the  population  of 
Switzerland,  for  that  country,  notwithstanding  its  lakes  and  mountains,  eci 
tains  783  inhahitants  to  the  square  league. 


11. 

ml 


m: 


1.1 


'  ii'  ■■ 


['t 


M 


.1;  t 


fe' 


!li 


>1'2 


DEMOCRACY   IN   AMERICA. 


i  ■■  '  i'. 


b  ;# 


r     ■  ; 


■)':;; 


until  Imnian  nature  is  altered,  and  men  wholly  transformed, 
I  sliall  refuse  to  believe  in  the  duration  of  a  n;overnment 
which  is  called  upon  to  hold  togetlier  forty  diflerent  nations, 
spread  o  '  <•  a  territory  equal  to  one  half  of  Europe,  to 
avoid  all  rivalry,  ambition,  and  struggles  between  them, 
and  to  direct  their  inde])endent  activity  to  the  accomphsh- 
ment  of  the  same  desions. 

But  the  greatest  peril  to  which  the  Union  is  exposed  by 
its  increase  arises  ft'om  the  continual  displacement  of  its 
internal  forces.  The  distance  from  Lake  Superior  to  tlie 
Gulf  of  Mexico  is  more  than  twelve  hundred  miles,  as  the 
crow  flies.  The  frontier  of  the  United  States  winds  aloncj 
the  whole  of  this  immense  hne ;  sometimes  falling  within 
its  limits,  but  more  frequently  extending  far  beyond  it,  into 
the  waste.  It  has  been  calculated  that  the  whites  advance 
every  year  a  mean  distance  of  seventeen  miles  along  the 
whole  of  this  vast  boundary.  Obstacles,  such  as  an  un- 
]>r()ductive  district,  a  lake,  or  an  Indian  nation,  are  some- 
times encountered.  The  advancino;  column  then  halts  for 
a  while ;  its  two  extremities  curve  round  upon  themselv^es, 
and,  as  soon  as  they  are  reunited,  they  proceed  onwards. 
This  gradual  and  continuous  progress  of  the  European 
race  towards  the  Rocky  Mountains  has  the  solemnity  of  a 
providential  event ;  it  is  like  a  deluge  of  men  rising  una- 
batedly,  and  daily  driven  onwards  by  the  hand  of  God. 

Within  this  front  line  of  conquering  settlers,  towns  are 
built,  and  vast  States  founded.  In  1790,  there  were  only 
a  few  thousand  pioneei's  sprinkled  along  the  valleys  of  the 
Mississippi  ;  at  the  present  day,  these  valleys  contain  as 
many  inhabitants  as  were  to  be  found  in  the  whole  Union 
in  1790.  Their  population  amounts  to  nearly  four  millions. 
The  city  of  Washington  was  founded  in  1800,  in  the  very 
centre  of  the  Union  ;  but  such  are  the  changes  which  have 
taken  place,  that  it  now  stands  at  one  of  the  extremities  ; 
and  the  delegates  of  the   most  remote  Western  States,  in 


I  :  ■ 


mselves. 


CHANCES   OF   DURATION   OF   TIIF    UXIOX. 


518 


order  to  take  tlioir  seats  in  Cono;ress,  are  already  ol)lio;(Hl 
to  perform  a  journey  as  long  as  that  from  Vienna  to  Paris.* 

All  the  States  are  home  onwards  at  the  same  time  in  the 
patli  of  fortune,  hut  they  do  not  all  increase  and  prosper 
in  the  same  proportion.  In  the  North  of  the  Union,  the 
detached  ])ranches  of  the  Alleghany  chain,  extending  as 
far  as  the  Atlantic  Ocean,  form  spacious  roads  and  [)orts, 
constantly  accessihle  to  the  largest  vessels.  lint  from  the 
Potomac,  following  the  shore,  to  the  mouth  of  the  ]Missis- 
sippi,  the  coast  is  sandy  and  flat.  In  this  part  of  the 
Union,  the  months  of  almost  all  the  rivers  are  ohstructed  ; 
and  the  few  harhors  which  exist  amono-st  these  lamnies 
afFoi'd  shallo\\er  water  to  vessels,  and  much  fewer  com- 
mercial advantao;es,  than  those  of  the  North. 

This  first  and  natural  cause  of  inferiority  is  united  to 
another  cause  proceeding  fi-om  the  laws.  We  have  seen 
that  slavery,  which  is  aholished  in  the  North,  still  exists  in 
the  South  ;  and  I  have  pointed  out  its  fatal  consequences 
upon  the  prosperity  of  the  planter  himself. 

The  North  is  therefore  superior  to  the  South  both  in 
commerce  f  and  manufacture ;  the  natural  consequence  of 

*  Tlic  distance  from  Jefferson,  the  capital  of  the  State  of  Missouri,  to 
Washinjjton,  is  1,019  miles. 

t  The  following  statements  will  show  the  difference  between  the  commer- 
cial activity  of  the  South  and  of  the  North. 

In  1829  the  tonnajre  of  all  the  merchant-A'cssels  helonjjiii}]^  to  Virfrinia,  the 
two  Carolinas,  and  Georjria  (the  four  jjreat  Southern  States),  amouTitod  to 
only  5,24.3  tons.  In  the  same  year,  the  tonnape  of  the  vessels  of  the  State 
of  Massachusetts  alone  amounted  to  17,.'322  tons.  (See  Legislative  l^ocu- 
moiits,  21st  Congress,  2d  Session,  No.  140,  p.  214.)  Thus  Massachusetts 
had  three  times  as  much  shipping  as  the  four  above-mentioned  States.  Nev- 
ertheless, the  area  of  the  State  of  IVrassachusctts  is  only  7,.3.'}.')  square  miles, 
and  its  population  amounts  to  r)10,014  inhabitants  ;  wliilst  the  area  of  the 
four  otlicr  States  I  have  (juoted  is  210,000  s(|uare  miles,  and  their  population 
.3,047, "()7.  Thus  the  area  of  the  State  of  Massachusetts  forms  only  one 
thirtictii  ])art  of  the  area  of  the  four  States;  and  iis  population  is  but  ono 
fifth  of  theirs.  [In  18.')8,  the  tonnage  of  the  these  four  Southern  States  was 
22*  GO 


I  ■ 


nn 


4 

1  i 


1^ 


i  ^m 


514 


DEJIOCRACY  IN  AMERICA. 


i'v! 


II 


'■:   ( 
it  ,: 


which  is  the  more  rapid  increase  of  population  and  wealtli 
within  its  borders.  The  States  on  the  shores  of  the  Atlan- 
tic Ocean  are  already  half  peopled.  Most  of  the  land  is 
held  by  an  owner ;  and  they  cannot  therefore  receive  so 
many  emigrants  as  the  Western  States,  where  a  boundless 
field  is  still  open  to  industry.  The  valley  of  the  Missis- 
sippi is  far  more  fertile  than  the  coast  of  the  Atlantic 
Ocean.  This  reason,  added  to  all  the  others,  contributes 
to  drive  the  Europeans  westward,  —  a  fact  which  may  be 
rigorously  demonstrated  by  figures.  It  is  found  that  the 
sum  total  of  the  population  of  all  the  United  States  has 
about  tripled  in  the  course  of  forty  years.  But  in  the  new 
States  adjacent  to  the  Mississippi,  the  population  has  in- 
creased thirty-one  fold  within  the  same  time. 

The  centre  of  the  Federal  power  is  continually  displaced. 
Forty  years  ago,  the  majority  of  the  citizens  of  the  Union 
was  established  upon  the  coast  of  the  Atlantic,  in  the  envi- 
rons of  the  spot  where  Washington  now  stands  ;  but  the 
great  body  of  the  people  are  now  advancing  inland  and  to 
the  North,  so  that,  in  twenty  years,  the  majority  will  un- 
questionably be  on  the  western  side  of  the  Alleghanies. 
If  the  Union  continues,  the  basin  of  the  Mississippi  is  evi- 
dently marked  out,  by  its  fertility  and  its  extent,  to  be  the 
permanent  centre  of  the  Federal  government.  In  thirty 
or  forty  years,  that  tract  of  country  will  have  assumed  its 
natural  rank.     It  is  easy  to  calculate  that  its  population, 

but  4,765,  while  that  of  Massachusetts  was  32,599.]  Slavery  is  prejudicial 
to  the  commercial  prosperity  of  the  South  in  several  diftcrcnt  ways;  l»y  di- 
miuishi'  ;  the  spirit  of  enterprise  amongst  the  whites,  and  by  preventing  them 
from  obtaining  the  sailors  whom  they  require.  Sailors  arc  usually  taken 
only  from  the  lowest  ranks  of  the  population.  But  in  the  Southern  States, 
these  lowest  ranks  are  composed  of  slaves,  and  it  is  very  difficult  to  employ 
them  at  sea.  They  are  unaljle  to  serve  as  well  as  a  white  crew,  and  ap- 
prehensions would  always  be  entertained  of  their  mutinying  in  the  middle 
of  the  ocean,  or  of  their  escaping  in  the  foreign  countries  at  which  they 
might  touch. 


CIIANCKS   OF   DURATION   OF   THE   UNION. 


515 


compared  with  that  of  the  coast  of  the  Atlantic,  will  then 
be  u  round  numbers,  as  40  to  11,  In  a  few  years,  the 
Stales  wdiich  founded  the  Union  will  lose  the  direction  of 
its  policy,  and  the  population  of  the  valley  of  the  Missis- 
sippi will  preponderate  in  the  Federal  assemblies. 

This  constant  gravitation  of  the  Federal  power  and  in- 
fluence towards  the  Northwest  is  shown  every  ten  years, 
when  a  general  census  of  the  population  is  made,  and  the 
number  of  deleo-ates  wdiich  each  State  sends  to  Cono;ress  is 
settled  anew.*  In  1790,  Virginia  had  ninetcH'u  representa- 
tives in  Conm'ess.  This  number  continued  to  increase 
until  1813,  when  it  reached  tw^enty-three  ;  from  that 
time  it  began  to  decrease,  and,  in  1883,  Virginia  elected 
only  twenty-one. f     During  the  same  period,  the  State  of 

*  It  may  be  seen  that,  in  the  course  of  the  last  ten  years  (1820-1830), 
the  population  of  one  district,  as,  for  instance,  the  State  of  Delaware,  lias 
increased  in  the  proportion  of  five  per  cent ;  whilst  that  of  another,  as  the 
Territory  of  jNIichifian,  has  increased  250  per  cent.  Thus  the  poi)ulation  of 
Virginia  had  augmented  13  per  cent,  and  that  of  the  ijorder  State  of  Ohio 
61  per  cent,  in  the  same  time.  The  general  tahle  of  these  changes,  which 
is  given  in  the  National  Calendar,  is  a  striking  picture  of  the  unequal  fortunes 
of  the  different  States. 

t  It  has  just  been  said,  that,  in  the  course  of  the  la.st  term,  the  population 
of  Virginia  has  increased  13  per  cent ;  and  it  is  necessary  to  explain  how 
the  number  of  representatives  for  a  State  may  decrease,  wlien  the  po])ulation 
of  that  State,  far  from  diminishing,  is  actually  upon  the  increase.  I  take 
the  State  of  Virginia,  to  which  I  have  already  alluded,  as  nn-  term  of  com- 
parison. The  number  of  representatives  of  Virginia  in  1823  was  propor- 
tionate to  the  total  number  of  the  representatives  of  the  Union,  and  to  the 
I'elation  which  its  population  bore  to  that  of  the  whole  Union  ;  in  1 83.'?  the 
number  of  representatives  of  Virginia  was  likewise  proportionate  to  the  total 
number  of  the  representatives  of  the  Union,  and  to  the  relation  which  its 
population,  augmented  in  the  couse  of  ten  years,  bore  to  the  augmented 
population  of  the  Union  in  the  same  space  of  time.  The  new  number  of 
Virginian  representatives  will  then  be  to  the  old  number,  on  the  one  hand, 
as  the  new  numl)er  of  all  the  rei)rcse!itativcs  is  to  the  old  number  ;  and,  on 
the  other  hand,  as  the  augmentation  of  the  population  of  Virginia  is  to  that 
of  the  whole  population  of  the  country.     Thus,  if  the  increase  of  the  popu- 


II' 


ii3 


;Ji 


!*  I 


liif 


n- 


m 


Is 


^1 


II 


if 


516 


DEMOCRACY   IN   AMKRICA. 


New  York  followed  the  contrary  direction  :  in  1790,  it  had 
ten  representatives  in  Congress  ;  in  I8I0,  twenty-seven  ; 
in  1823,  thirty-four;  and  in  1833,  forty.  The  State  of 
Oliio  had  only  one  re})resentative  in  1803  ;  and  in  1833, 
it  had  already  nineteen.  [Virginia  now  has  thirteen.  New 
York  thirty-three,  and  Ohio  twenty-one  representatives.] 

It  is  difficult  to  imagine  a  durable  unior  of  a  nation 
which  is  rich  and  strong  with  one  which  is  poor  and 
weak,  even  if  it  were  proved  that  the  strength  and  wealth 
of  the  one  are  not  the  causes  of  the  weakness  and  poverty 
of  the  other.  But  union  is  still  more  difficult  to  maintain 
at  a  time  when  one  party  is  losing  strength,  and  the  other 
is  gaining  it.  This  rapid  and  disproportionate  increase  of 
certain  States  threatens  the  independence  of  the  others. 
New  York  might  perhaps  succeed,  with  its  two  millions 
of  inhabitants  and  its  forty  representatives,  in  dictating  to 
the  other  States  in  Congr'^ss.  But,  even  if  the  more  pow- 
erful States  make  no  attempt  to  oppress  the  smaller  ones, 
the  danger  still  exists ;  for  there  is  almost  as  much  in  the 
possibility  of  the  act  as  in  the  act  itself.  The  weak  gen- 
erally mistrust  the  justice  and  the  reason  of  the  strong. 
The  States  which  increase  less  rapidly  than  the  others  look 
upon  those  which  are  more  favored  by  fortune  with  envy 
and  suspicion.  Hence  arise  the  deep-seated  uneasiness  and 
ill-defined  agitation  which  are  observable  in  the  South,  and 
which  form  so  striking  a  contrast  to  the  confidence  and 
prosperity  which  are  common  to  other  parts  of  the  Uuion. 
I   am  inclined   to    think   that   the   hostile    attitude   taken 

lation  of  the  lesser  country  be  to  that  of  the  greater  in  an  exact  inverse  ratio 
of  tlie  proportion  between  the  new  and  the  old  numbers  of  all  the  representa- 
tives, the  number  of  the  representatives  of  Virginia  will  remain  stationary  ; 
and  if  the  increase  of  the  Virginian  population  be  to  that  of  the  whole 
Union  in  a  feebler  ratio  than  the  new  number  of  tlie  representatives  of  the 
Union  to  the  old  number,  the  number  of  the  representatives  of  Virginia  must 
decrease. 


CHANCES  OF  DURATION  OF  THE  UNION. 


517 


bv  tlic  Soutli  recently,  is  attributable  to  no  otlier  cause. 
The  inliabitants  of  the  Southern  States  are,  of  all  the 
Americans,  those  who  are  most  interested  in  the  main- 
tenance of  the  Union  :  thev  would  assuredly  suffer  most 
from  beino;  left  to  themselves;  and  yet  thev  are  the  dulv 
ones  who  threaten  to  break  the  tie  of  confederation.  It 
is  easy  to  perceive  that  the  South,  which  has  given  four 
Presidents  —  Washington,  Jefferson,  IMadison,  and  MdU- 
roe  —  to  the  Union,  which  j)erceives  that  it  is  losing  its 
Federal  influence,  and  that  the  number  of  its  representa- 
tives in  Congress  is  diminishing  from  year  to  year,  whilst 
those  of  the  Northern  and  Western  States  are  increasing, 
—  the  South,  which  is  peoi)led  with  ardent  and  irascible 
men,  is  becoming  more  and  more  irritated  and  alarmed. 
Its  inhabitants  reflect  upon  their  present  position,  and  re- 
member their  past  influence,  with  the  melancholy  inieasi- 
iiess  of  men  who  suspect  oppression.  If  they  discover  a 
law  of  the  Union  which  is  not  unequivocally  favorable 
to  their  interests,  they  protest  against  it  as  an  abuse  of 
force ;  and  if  their  ardent  remonstrances  are  not  listened 
to,  they  threaten  to  quit  an  association  which  loads  them 
with  burdens  whilst  it  deprives  them  of  the  profits.  "  The 
Tariff,"  said  the  iidiabitants  of  Carolina  in  1882,  "  enriches 
the  North  and  ruins  the  South  ;  for,  if  this  were  not  the 
case,  to  what  can  we  attribute  the  continually  increasing 
power  and  wealth  of  the  North,  with  its  inclement  skies 
and  arid  soil ;  whilst  the  South,  which  may  be  styled  the 
garden  of  America,  is  rapidly  declining."  * 

If  the  changes  which  I  have  described  were  gradual,  so 
that  each  generation  at  least  might  have  time  to  disappear 
with  the  order  of  things  under  which  it  had  lived,  the 
danger  would  be  less ;  but  the  progress  of  society  in  Amer- 
ica is  precipitate,   and  almost   revolutionary.      The  same 

*  See  the  re])oit  of  its  coininittee   to  the  coiiveiitioii  whiili   proeliiinicd 
the  uullification  of  tlic  Tariff"  iu  Soutli  Ctiroiiiia. 


liii 


/;    'i 


S" 


G18 


DEMOCRACY  IN  AMERICA. 


w 


¥ 


y~:i 


»  'A'- 


if:':: 


>':: 


:t|!!^ 


i 


citizen  may  luivo  lived  to  see  his  State  take  the  lead  in  the 
Union,  and  afterwards  become  powerless  in  the  Federal 
assemblies ;  and  an  Anglo- American  republic  has  been 
known  to  grow  as  rapidly  as  a  man,  passing  from  birtli 
and  infancy  to  maturity  in  the  course  of  thirty  years.  It 
must  not  be  imagined,  however,  that  the  States  which  lose 
their  ])reponderance  also  lose  their  population  or  their 
riches :  iio  stop  is  put  to  their  prosperity,  and  they  even 
go  on  to  increase  more  ra})idly  than  any  kingdom  in 
Europe.*  But  they  believe  themselves  to  be  impover- 
ished because  their  wealth  does  not  augment  as  ra})idly  as 
that  of  their  neighbors ;  and  they  think  that  their  power 
is  lost  because  they  suddenly  come  in  contact  with  a 
power  greater  than  their  own  :  f  thus  they  are  more  hin-t 
in  their  feelings  and  tlieir  passions  than  in  their  interests. 
But  this  is  amply  sufficient  to  endanger  the  maintenance 
of  the  Union.  If  kings  and  peoples  had  only  had  their 
true  interests  in  view,  ever  since  the  beo-innino;  of  the 
world,  war  would  scarcely  be  known  among  mankind. 

Thus  the  prosj)erity  of  the  United  States  is  the  source 
of  their  most  serious  dangers,  since  it  tends  to  create  in 
some  of  the  confederate  States  that  intoxication  which 
accompanies  a  rapid  increase  of  fortune ;  and  to  awaken 
in  others  those  feelings  of  envy,  mistrust,  and  regret  which 

*  The  population  of  a  country  assuredly  constitutes  tlie  first  element  of 
its  wealtli.  In  the  ten  years  (1820-1830)  during  which  Virginia  lost  two 
of  its  representatives  in  Congress,  its  population  increased  in  the  proportion 
of  13.7  percent;  that  of  Carolina,  in  the  proportion  of  15  percent;  and 
timt  of  Georgia,  15.5  per  cent.  But  the  population  of  Kussia,  which  increases 
more  rapidly  than  that  of  any  other  Em'opean  country,  only  augments  in 
ten  years  at  the  rate  of  9.5  per  cent ;  of  France,  at  the  rate  of  7  per  cent ; 
and  of  Europe  altogether,  at  the  rate  of  4.7  per  cent. 

t  It  must  be  admitted,  however,  that  the  depreciation  which  lias  taken 
place  in  the  value  of  tobacco,  during  the  last  fifty  years,  has  notably  dimin- 
ished the  opulence  of  the  Southern  planters  :  but  this  circumstance  is  as  in- 
dependent of  the  will  of  their  Northern  brethren  as  it  is  of  their  own. 


CHANCES    OF   DUHATIOX    OF   TIIF    UNION. 


ol9 


usiuilly  titti'iul  tliL'  loss  of  it.  Tlie  Aniericiins  contem- 
l)latc!  tliis  extniordinary  progress  witli  exultation  ;  but  they 
"vvould  he  wiser  to  consider  it  with  sorrow  and  alarm.  The 
Americans  of  the  United  States  must  inevitahly  hecome 
one  of  the  greatest  nations  in  the  world  ;  their  otfspring 
will  cover  almost  the  whole  of  North  America ;  the  conti- 
nent which  they  inhabit  is  tlieir  dominion,  and  it  cannot 
escape  them.  What  lu'ges  them  to  take  ])ossession  of  it  so 
soon  ?  Riches,  power,  and  renown  cannot  fail  to  be  theirs 
at  some  future  time ;  but  they  rush  upon  this  innnense 
fortune  as  if  but  a  moment  remained  for  them  to  make  it 
their  own. 

I  think  that  I  have  demonstrated,  that  the  existence  of 
tlie  present  confederation  depends  entirely  on  the  contin- 
ued assent  of  a^l  the  confederates ;  and,  starting  from  this 
principle,  I  have  inquired  into  the  causes  which  may  in- 
duce some  of  the  States  to  separate  from  the  others.  The 
Union  may,  however,  perish  in  two  different  ways :  one  of 
the  confederate  States  may  choose  to  retire  from  the  com- 
pact, and  so  forcibly  to  sever  the  Federal  tie ;  and  it  is  to 
this  sup})Osition  that  most  of  the  remarks  that  I  have  made 
apply :  or  the  authority  of  the  Federal  government  may  be 
gradually  lost  by  the  simultaneous  tendency  of  the  united 
republics  to  resume  tlieir  independence.  The  central  pow- 
er, successively  stripped  of  all  its  })rerogatives,  and  reduced 
to  impotence  by  tacit  consent,  would  become  incompetent 
to  fulfil  its  purpose ;  and  the  second  union  woidd  perish, 
like  the  first,  by  a  sort  of  senile  imbecility.  The  gradual 
wx'akening  of  the  Federal  tie,  which  may  finally  lead  to 
the  dissolution  of  the  Union,  is  a  distinct  circumstance,, 
that  may  produce  a  variety  of  minor  consequences  before 
it  operates  so  violent  a  change.  The  confederation  might 
still  subsist,  although  its  o;overnment  were  reduced  to  such 
a  degree  of  inanition  as  to  paralyze  the  nation,  to  cause 
internal  anarchy,  and  to  check  the  general  prosperity  of 
the  country. 


'tl 


\m 


\r 


Si, 


I 


k 


:i'i 


m  i 

I 


if 
I 


!| 


520 


DEMOCRACY    IX    AMKUICA. 


fi..)  ■ 


a--' '  ;l 


V:^-^l' 


<:' 


After  luiving  invostioatoJ  tlie  causes  wliicli  may  iiulure 
the  Anglo-Americans  to  disunite,  it  is  imi)urtant  to  iiKiuire 
wlietlier,  if  the  Union  continues  to  subsist,  their  n;(>vern- 
ment  will  extend  or  contract  its  sphere  of  acttion,  and 
whether  it  will  become  more  energetic  or  more  weak. 

The  Americans  are  evidently  disposed  to  look  upon  their 
condition  with  alarm.  They  perceive  that,  in  most  of  the 
nations  of  the  world,  the  exercise  of  the  rights  of  sover- 
eignty tends  to  fall  into  a  few  hands,  and  they  are  dis- 
mayed by  the  idea  that  it  may  be  so  in  their  own  country. 
Even  the  statesmen  feel,  or  alfect  to  feel,  these  fears  ;  I'or 
in  America  centralization  is  by  no  means  })opular,  and 
tliere  is  no  surer  means  of  courting  the  majority  than  by 
invciiihino;  aijainst  the  encroachments  of  the  central  i)o\vei'. 
The  Americans  do  not  perceive  that  the  countries  in  which 
this  alarming  tendency  to  centralization  exists  are  inhabited 
by  a  single  people ;  whilst  the  Union  is  composed  of  diti'er- 
ent  comnumities,  —  a  fact  w  Inch  is  sufficient  to  baliie  all 
the  inferences  which  might  be  drawn  from  rjialogy.  I 
confess  that  I  am  inclined  to  consider  these  fears  of  a  great 
number  of  Americans  as  purely  imaginary.  Far  from  par- 
ticipating in  their  dread  of  the  consolidation  of  power  in 
the  hands  of  the  Union,  I  think  that  the  Federal  govern- 
ment is  visibly  losing  strength.  To  prove  this  assertion,  I 
shall  not  have  recourse  to  any  remote  occurrences,  but  to 
circumstances  which  I  have  myself  witnessed,  and  which 
beloncT  to  our  own  time. 

An  attentive  examination  of  what  is  going  on  in  the 
United  States  will  easily  convince  us  that  two  opposite 
tendencies  exist  there,  like  two  currents  flowing  in  con- 
trary directions  in  the  same  channel.  The  Union  has 
now  existed  for  forty-five  years,  and  time  has  done  away 
with  many  provincial  prejudices  which  w^ere  at  first  hostile 
to  its  power.  The  patriotic  feeling  which  attached  each  of 
the  Americans  to  his  own  State  is  become  less  exclusive  ; 


CHANCES   OF   DURATION   OF   TIIK    I'NION. 


r^'ii 


great 


and  the  diftl'iviit  })iirts  of  tlio  Union  have  lu-cdine  more 
amicable  as  tliey  have  beeome  better  accjnainted  with  eaeh 
otlier.  Tlie  post,  that  great  instrument  of  intercourse,  now 
reaches  into  the  backwoods  ;  and  steamboats  lia\i'  estab- 
lislied  (hiily  means  of  comnuniication  between  tlie  (Hlfi'i'ent 
})oints  of  tlie  coast.  An  inland  navigation  of  unexami»led 
rapidity  conveys  commodities  up  and  tlown  'lie  rivers  of 
the  country.  And  to  these  facilities  of  nature  and  art  may 
bo  added  those  restless  cravings,  that  busy-miudeduess,  and 
love  of  pelf,  which  are  constantly  urging  the'  Amei-icau  into 
active  lite,  and  bringing  him  into  contact  witli  his  fellow- 
citizens,  lie  cr()ss(}s  the  country  in  e\ery  dirt'ction  ;  he 
visits  all  the  various  ])oj)ulations  of  the  land.  There  h 
not  a  province  in  France  in  which  the  natives  are  so  well 
known  to  each  other  as  the  thirteen  nnlll  >ns  of  men  who 
cover  the  territory  of  the  United  States. 

Whilst  the  Americans  intermingle,  they  as.imilate  ;  the 
differences  resulting  from  their  climate,  their  origin,  and 
their  institutions  diminish;  and  they  all  draw  learer  and 
nearer  to  the  common  type.  Every  year  thousands  of 
men  leave  the  North  to  settle  in  different  pans  of  the 
Union:  they  bring  w^ith  them  their  faith,  their  opinions, 
and  their  manners  ;  and  as  they  are  more  enlightened  than 
the  men  amongst  whom  they  arc  about  to  dwell,  they  soon 
rise  to  the  head  of  affairs,  and  adapt  society  to  their  own 
advantaiie.  This  continual  emigration  of  the  North  to  the 
South  is  peculiarly  favorable  to  the  fusion  of  all  the  difi'er- 
ent  provincial  characters  into  one  national  character.  1'lie 
civilization  of  the  North  appears  to  be  the  common  stand- 
ard, to  which  the  whole  nation  wall  one  day  be  assimi- 
lated. 

The  commercial  ties  which  unite  the  confederate  States 
are  strengthened  by  the  increasing  manufactures  of  the 
Americans ;  and  the  union  which  began  in  their  oj)inions 
gradually  forms  a  part  of  their  habits :  the  course  of  time 


'  I'  Si:' 


!  I; 


i  ^'i^: 


UKMUCUACY    IN    AMKUICA. 


luis  swept  away  the  bn^l)C'iir  tliou^hts  wliicli  liauiited  tlie 
imii^iiiiitioiis  of  the  citizens  in  1781*.  The  Fi'thM'iil  })()wer 
is  not  become  oppressive  ;  it  has  not  destroyed  the  iiidc- 
pench'iice  of  tlie  States  ;  it  l»as  not  sul)je('ted  the  confe(h'r- 
ates  to  nionar(;iiical  institutions  ;  and  tlie  Union  has  not 
rendered  tlie  lesser  States  dependent  upon  the  lar<;er  ones. 
The  confederation  has  contiiuied  to  increase  in  po])ulation, 
in  wealth,  and  in  power.  I  am  therefore  convinced  that 
the  natural  obstacles  to  the  continuance  of  the  American 
Union  are  not  so  })owerful  now  as  they  were  in  1781),  and 
that  the  enemies  of  the  Union  are  not  so  numerous. 

And  yet  a  careful  examination  of  the  history  of  the 
United  States  for  the  last  forty-five  years  will  readily  con- 
vince us  that  the  Federal  power  is  declinin<^  ;  nor  is  it 
difficult  to  explain  the  causes  of  this  phenomenon.  When 
the  Constitution  of  1781)  was  })ronuilgated,  the  nation  was 
a  prey  to  anarchy  ;  the  Union,  which  succeeded  this  con- 
fusion, excited  much  dread  and  hatred,  but  it  was  warmly 
suj)ported  because  it  satisfied  an  imperious  want.  iVl- 
though  it  was  then  more  attacked  than  it  is  now,  the  Fed- 
eral power  soon  reached  th(3  maxinuun  of  its  authority,  as 
is  usually  the  case  with  a  government  which  triumphs  after 
having  braced  its  strength  by  the  struggle.  At  that  time, 
the  interpretation  of  the  Constitution  seem-^d  to  extend, 
rather  than  to  repress,  the  Federal  sovereignty ;  and  the 
Union  offered,  in  several  respects,  the  appearance  of  a 
single  and  undivided  people,  directed  in  its  foreign  and 
internal  policy  by  a  single  government.  But  to  attain 
this  point  the  people  had  risen,  to  seme  extent,  above 
itself. 

The  Constitution  had  not  destroyed  the  individuality 
of  the  States  ;  and  all  communities,  of  whatever  nature 
they  may  be,  are  impelled  by  a  secret  instinct  towards  in- 
dependence. This  propensity  is  still  more  decided  in  a 
country  like  America,  in  which  every  village  forms  a  sort 


U'  .; 


CIIANCKS    OF    DIRATION    OK    Till;    INION. 


523 


of  ivj)iil)lic',  accustoincd  to  <i<)vern  itsi'll".  It  tlKTcfore  cost 
tliu  States  an  cH'ort  to  sul)niit  to  tlic  Fi'derul  siipri'iniicy  ; 
and  all  t'tforts,  however  .succcsstul  tlicy  may  Ik-,  ncci'ssa- 
rily  subside  with  the  causes  in  wliich  tlu'y  ori<;inated. 

As  the  Fedei'al  iiovennnent  consolidated  its  authoritv, 
America  resumed  its  rank  amongst  the  nations,  peace  r*'- 
turned  to  its  frontiers,  and  puMic  credit  was  restored;  ((in- 
fusion was  succeeded  hv  a  fixed  state  of  things,  which 
permitted  the  full  and  live  exercise  of  industi'ioiis  enter- 
prise. It  was  this  very  prosperity  which  made  the  iVineri- 
cans  forget  the  cause  wiiich  had  produced  it  ;  and  when 
once  the  dan«i;er  was  passed,  the  eni'r^y  and  the  patriot- 
ism which  had  enabled  them  to  brave  it  disa])peared  from 
amongst  them.  Delivered  fnjin  the  cares  which  oppresse(l 
them,  they  easily  returned  to  their  ordinarv  habits,  and 
gave  themselves  up  without  resistance  to  theii"  natni'al 
inclinations.  Wlien  a  powerful  ooNcrmnent  no  longer 
appeared  to  be  necessary,  they  once  more  began  to  think 
it  irksome.  Everything  prospered  under  the  Uiiion,  and 
the  States  were  not  inclined  to  abandon  the  Union  :  but 
they  desired  to  render  the  action  of  the  power  which 
re})reseiited  it  as  light  as  possible.  The  general  j)rinciple 
of  union  was  ado[)ted,  but  in  every  minor  detail  there  was 
a  tendency  to  independence.  The  princij)le  of  confedera- 
tion was  every  day  more  easily  admitted,  and  more  rarely 
applied  ;  so  tiiat  the  Fefleral  government,  by  creating  order 
and  peace,  brought  about  its  own  decline. 

As  soon  as  this  tendency  of  public  opinion  began  to  be 
manifested  externally,  the  leaders  of  })arties,  who  live  by 
the  passions  of  the  people.,  began  to  work  it  to  their  own 
advantage.  The  position  of  the  Federal  government  then 
became  exceedingly  critical.  Its  enemies  were  in  posses- 
sion of  the  popular  favor ;  and  they  obtained  the  right  of 
conducting  its  policy  by  pledging  themselves  to  lessen  its 
influence.    From  that  time  forwards,  the  government  of  the 


I 


i: 


t 


:;  I 


I 


I' 


624 


DKMOL'KACY   IN    AMFFM""  \. 


um 


V-    .'1 


Union,  as  often  as  it  lias  ontoivd  tlie  ^'  is  With  the  p;ov('rn- 
nients  of  tlie  Stati's,  lias  almost  invanahlv  been  oljjiocd  to 
rcccdi'.  And  whenever  an  interpretation  of  the  terms  of 
tlie  Federal  Constitntion  has  heen  pronounced,  that  inter- 
pretation has  <j;en('rally  heen  ojiposcd  to  the  Union,  and 
tiivorahle  to  the  States.* 

Tlu'  Constitntion  mive  to  the  Fedi'ral  <rovermni'nt  the 
ri^ht  of  ))ro\idinn;  lur  the  national  interests;  and  it  had 
heen  held  that  no  other  authority  was  so  fit  to  superintend 
the  "internal  improvements"  which  atfected  the  j)ros])»'r- 
ity  of  the  whole  Union  ;  sncli,  lor  instance,  as  tlie  cuttiiiL!; 
of  canals.  lint  the  State's  were  alai'ined  at  a  power  uiiicli 
could  thus  dispose  of  a  portion  of  their  territory  ;  they 
were  afraid  that  the  central  <i;overnment  would  hv  tiiis 
means  acquire  a  formidable  })atrona<fe  within  their  own 
limits,  and  exercise  influence  which  they  wished  to  reserve 
excluslvelv  to  their  own  a<;ents.  The  Democratic  party, 
which  has  constantly  opposed  the  increase  of  the  Federal 
authority,  accused  Congress  of  usuri)ation,  and  the  Chief 
Mamstrate  of  ambition.  The  central  <j;overnment  was  in- 
timidated  by  these  clamors  ;  and  it  finally  acknowledged 
i's  error,  promising  to  confine  its  influence  for  the  future 
v'ithin  the  circle  which  was  prescribed  to  it. 

The  Constitution  confers  upon  the  Union  the  right  of 
treating  with  foreign  nations.  The  Indian  tribes,  which 
border  upon  the  frontiers  of  the  United  States,  had  usually 
been  regarded  in  this  lioht.     As  lonii  as  these  savajies  con- 

*  This  assertion  may  he  douhtcd.  The  only  authorized  interpreter  of  the 
Constitution  is  the  Supreme  Court  of  the  United  States  ;  and  in  most  of  tiio 
suits  hefore  this  tril)unal,  wliiih  have  involved  a  question  as  to  the  limits  of  tlie 
Federal  and  the  State  authority,  tlie  decision  has  heen  in  favor  of  tlie  former. 
See  the  Dartmouth  College  case,  that  of  Ciiisholm  v.  Georgia,  Gii)i)oiis  i".  Og- 
den,  Ogden  v.  Saunders,  the  Cherokee  Land  case,  and  many  others.  Sev- 
eral of  the  cases  which  our  author  goes  on  to  cite  are  instances  of  hf/islatire, 
not  judicial,  interpretation;  that  is,  legally  they  are  no  iiiteri)retation  at  till, 
being  all  liahle  to  be  overruled  l»y  the  Supreme  Court.  —  Am.  Eu. 


ciIANrKS   ()!•    DIIJAIION    <»r   Till;    iNIoN. 


irs} 


8( 


ntcd    to   retire   lu'foiv    tin-  civili/i'd   sottlcrs,  the   I'nltMuI 


of  tlio 

of  tlio 

of  tlie 

ibniu'r. 

■  V.  (\- 
Scv- 
\sl<itiir, 
.at  all, 


riti'lit    Uiis   ii(»t  coiitcsti'd 


Kilt 


as  soon  ns  an 


IikI 


i;in    trilio 


attrm|)t»'(l   t(»  fix  its  ri'sideiice'  iij)Oii  a  ^ijivcn  spot,  the  ailja- 
cejit  States  claimed  possession  of  the  lands,  and  a  rii;lit  of 


8oveivio;iity  over    tln'    natives 


'I'l 


le   eenti'al    eovei'iinient 


soon  recooiii/.ed  hotli  these  (dainis  ;  and  alter  if  had  con- 
cluded ti'eaties  with  the  Intlians  as  independent  nations, 
it  o;ave  theni  up  as  sui>jects  to  the  legislative  t\  rainiy  of  the 
States.* 

Some  of  the  States  whicli  had  heon  founded  upon  the 
coast  of  the  Atlantic;  extended  iiidelinitely  to  the  Wi'st, 
into  wild  regions  where  no  ICuropean  had  yet  j)enet rated. 
Tiie  States  whose  confines  were  irrcvocahly  Hxed  looked 
with  a  jealous  eye  uj)on  the  unhounded  regions  which  were 
thus  opened  to  their  neie;hl)ors.  Tlu'  latter  then  agreed, 
with  a  \  iew  to  conciliate  the  otliers,  and  to  facilitate  the 
act  of  Union,  to  lay  down  their  own  Ixnuidaries,  and  to 
abandon  all  the  territory  wliich  lay  beyond  them  to  the 
confederation  at  hir^e.  f  Thenceforward  the  Federal  ,i;'ov- 
ennnent  became  tlie  owner  of  all  the  uncultivated  lands 
which  lie  beyond  the  boi'ders  of  the  thirteen  States  first 
confederated.  It  had  the  ritflit  of  parcellinii'  and  selliuix 
them,  and  the  sums  derived  fnmi  this  source  were  paid 
into  the  public  treasury  to  furnish  the  means  of  purchasing 
tracts  of  land  from  the  Indians,  openine;  roads  to  the  re- 

*  See,  in  the  Lcjiislativc  Docmneiits  already  quoted  in  speakiiif,^  of  the 
Indians,  tlie  letter  of  the  I'resident  of  the  United  States  to  the  Cherokees, 
his  correspondence  on  this  suhject  with  his  apents,  and  his  niessafjjes  to  Con- 
gress. [In  the  case  here  referred  to,  Cj!eor;;ia  did  not  claim  a  riyht  of  sov- 
ereignty over  the  Indians  as  her  own  suhjects,  hut  only  denumdcd  that  they 
should  leave  a  tract  of  country,  the  Indian  title  to  which  the  Federal  )j;ov- 
ernment  had  pledj;ed  itself  to  extin;:iiish.  —  Am.  Kd.] 

t  The  first  act  of  cession  was  made  hy  the  State  of  New  York  in  1780  ; 
Virjrinia,  Massaehu.setts,  Coiuiecticut,  South  and  North  Carolina,  followed 
this  example  at  ditK'rent  times,  and,  lastly,  the  act  of  cession  of  (jeorj^ia  was 
made  as  recentlv  as  1802 


i: 


!\h 


Y 


m 


i2G 


DK.MOCRACY   IN   AMERICA. 


mote  settlcTiionts,  and  accelerating  the  advance  of  civiliza- 
tion. New  States  have  l)een  formed  in  the  course  of  time, 
in  the  midst  of  tliose  wilds  which  were  formerly  ceded  hy 
the  Atlantic  States.  Congress  has  gone  on  to  sell,  for  the 
profit  of  the  nation  at  large,  the  uncultivated  lands  which 
those  new  States  contained.  But  the  latter  at  length  as- 
serted that,  as  they  were  now  fully  constituted,  they  ouglit 
to  have  the  right  of  converting  the  produce  of  these  sales 
exclusively  to  their  own  use.  As  their  remonstrances  he- 
came  moi'e  and  more  threateniuff,  Cono-ress  thought  tit 
to  deprive  the  Union  of  a  portion  (>f  the  privileges  which 
it  had  hitherto  enjoyed;  and,  at  the  end  of  18o2,  it  passed 
a  law  hy  which  the  greatest  part  of  the  n^veiuie  derived 
from  the  sale  of  lands  was  made  over  to  the  new  Western 
republics,  although  the  lands  themselves  were  not  ceded 
to  them.* 

The  slightest  observation  in  the  United  States  enables 
one  \>  appreciate  the  advantages  which  the  country  de- 
rives from  the  Rank.  These  advantao;es  are  of  several 
kinds,  but  one  of  them  is  peculiarly  striking  to  the  stran 
ger.  The  iiotes  of  the  Bank  of  the  United  States  are 
taken  upon  the  borders  of  the  desert  for  the  same  value  as 
at  Philadelphia,  where  the  Bank  conducts  its  operations.! 

But  the  Bank  of  the  United  States  is  the  object  of  great 
animosity.     Its  directors  proclaimed  their  hostility  to  the 


*  It  is  true  that  tlie  President  refused  his  assent  to  this  law  ;  but  he  com- 
pletely adopted  it  in  prindplc.  See  Message  of  8th  December,  183.'J.  [This 
is  overstated  again.  The  Western  States  never  claimed  the  lands,  Imt  only 
that  they  should  be  sold  at  a  low  price,  so  as  to  encourage  their  settlement, 
aTid  that  a  fair  portion  of  the  purchase-money  should  be  devoted  to  opening 
roads  and  other  internal  improvements.  —  Am.  Ed.] 

t  The  Bank  of  the  United  Slates  was  established  in  1816,  with  a  capital  of 
35,000,000  dollars  ;  its  charter  expired  in  18.'JtJ.  In  1832,  Congress  passed 
a  law  to  renew  it,  but  the  I'resident  put  his  veto  upon  the  bill.  The  struggle 
continued  with  great  violence  on  either  side,  and  the  sjjcedy  fall  of  the  Hank 
might  iiave  been  foreseen. 


CIIAXCRS    OF   DURATION    OI'    TlIK    IXIOX. 


'ri: 


President;  and  tliey  were  accused,  not  witliout  j)r()1)a1>ility, 
of  liaviuii;  abused  tlieir  influence  to  tliwart  liis  election. 
The  President  therefore  attacked  the  estabhslnneiit  Avith 
all  the  warmth  of  pei'sonal  enmity;  and  he  was  encouraui'd 
in  the  pursuit  of  his  revenge  by  the  conviction  that  he  was 
supported  by  the  secret  inclinations  of  the  majority.  The 
Bank  may  be  regarded  as  the  great  monetary  tie  of  tlu; 
Union,  just  as  Congress  is  the  great  legislative  tii' ;  and 
the  same  passions  which  tend  to  render  the  States  indepen- 
dent of  the  central  power  contributed  to  the  overthrow  of 
the  liank. 

The  Bank  of  the  United  States  always  lield  a  gi'eat  num- 
ber of  the  notes  issued  by  the  })rovincial  baidvs,  which  it  can 
at  any  time  oblio;e  them  to  convert  into  crsh.  It  has  itself 
nothing  to  fear  from  a  similar  demand,  as  the  extent  of  its 
resources  enables  it  to  meet  all  claims.  But  the  existence 
of  the  provincial  banks  is  thus  threatened,  and  their  op- 
erations are  restricted,  since  they  are  able  to  issue  only 
a  quantity  of  notes  duly  proportioned  to  their  capital. 
They  submitted  Avith  impatience  to  this  salutary  control. 
The  newspapers  which  they  bought  over,  and  the  Presi- 
dent, whose  interest  rendered  him  their  instrument,  at- 
tacked the  Bank  with  the  o-reatest  vehemence.  They 
roused  the  local  passions  and  tlie  blind  democratic  instinct 
of  the  country  to  aid  their  cause ;  and  they  assertt'd  that 
the  Bank  directors  formed  a  ])ermanent  aristocratic  body, 
whose  influence  would  ultimately  be  felt  in  the  govern- 
ment, and  att'ect  those  principles  of  equality  upon  which 
society  rests  in  America. 

The  contest  botw^een  the  Bank  and  its  opponents  was 
only  an  incident  in  the  great  struggle  wdiich  is  going  on 
in  America  between  the  })rovinces  and  the  central  ])ower, 
—  between  the  spirit  of  democratic  inde])endence,  and  that 
of  a  proper  distribution  and  subordination  of  power.  I  do 
not  mean  that  the  enemies  of  the  Bank  were  identically 


■  i  1  ! 


I 

51 


'11 


ii^ 


I 

'lli 
.Mi 


m 


528 


DEMOCRACY   IN   AMERICA. 


^1 


I   i 


'  I 


;*  I 


tlio  same  individuals  who,  on  other  points,  attacked  the 
Federal  government ;  but  I  assert  that  the  attacks  directed 
against  the  Bank  of  the  United  States  originated  in  the 
same  propensities  which  militate  against  the  Federal  gov- 
ennnent,  and  that  the  very  numerous  opponents  of  the 
foi'mer  afford  a  deplorable  symptom  of  the  decreasing 
streniith  of  the  latter. 

But  the  Union  has  never  shown  so  much  weakness  as 
on  the  celebrated  question  of  the  Tariff'.*  The  wars  of 
the  French  Revolution  and  of  1812  had  created  manufic- 
tiiring  establishments  in  the  Noi'th  of  the  Union,  by  cut- 
ting off  free  communication  between  America  and  Eurojie. 
When  peace  was  concluded,  and  the  channel  of  intercourse 
reopened,  by  which  the  })roduce  of  Europe  was  transmit- 
ted to  the  New  World,  the  Americans  thought  fit  to  estal)- 
lish  a  system  of  im])ort  duties,  for  the  twofold  purpose  of 
protecting  their  inci])ient  manufactures  and  of  pnyiug  off 
the  amount  of  the  debt  contracted  during  the  war.  The 
Southern  States,  which  have  no  manufactures  to  encour- 
age, and  which  are  exclusively  agricultural,  soon  com- 
plained of  this  measure.  I  do  not  pretend  to  examine 
here  whether  their  complaints  were  well  or  ill  founded, 
but  only  to  recite  the  i..cts. 

As  early  as  1820,  South  Carolina  declared,  in  a  petition 
to  Congress,  that  the  Tariff  was  "  unconstitutional,  oppres- 
sive, and  unjust.'"  And  the  States  of  Georgia,  Virginia, 
North  Carolina,  Alabama,  and  Mississippi  subsequently 
remonstrated  against  it  with  more  or  less  vigor.  But 
Congress,  far  frcm  lending  an  ear  to  these  complaints, 
raised  the  scale  of  Tariff  duties  in  the  vears  1821  and 
1828,  and  recognized  anew  the  })rinci])le  on  which  it  was 
founded.  A  doctrine  was  then  proclaimed,  or  rather  re- 
vived, in  the  South,  which  took  the  name  of  Nullification. 

*  See  ])riiH'ijmIIy,  for  tlic  details  of  tliia  ufltair,  the  Legislative  Doeumetits, 
22d  Couyrcss,  2d  Sessiou,  No.  3U. 


r ; 


CHANCKS    OF   DURATION   OF    THK    UNION. 


(".O 


29 


I  liavc  sliown  in  tlio  proper  place  tlmt  tlie  oliject  of  tlie 
Federal  Constitution  was  not  to  t'onn  a  leairue,  Itut  to  cre- 
ate a  national  »j;overnment.  The  Americans  ol'  the  United 
States  form  one  and  the  same  people,  in  all  the  casi's  wliieh 
are  specified  hy  that  Constitution  ;  and  upon  thc^e  points, 
the  will  of  the  nation  is  exj)ressed,  as  it  is  in  all  constitu- 
tional nations,  by  the  voice  of  the  majority.  Wlu'ii  the 
majority  has  once  spoken,  it  is  the  duty  of  the  minority  to 
snhmit.  Such  is  the  sound  leual  doctrine,  and  the  oidy 
one  which  aorees  with  the  text  of  the  Constitution,  and 
the  known  intention  of  those  who  framed   it. 

The  partisans  of  Nullification  in  the  South  maintain, 
on  the  contrary,  that  the  intention  of  the  Americans  in 
uniting  was  not  to  comhine  themselves  into  one  and  the 
same  people,  hut  that  they  meant  only  to  form  a  league  of 
lnde})endent  States ;  and  that  each  Stave,  consequently, 
retains  its  entire  sovereignty,  if  not  Je  facto,  at  least  de 
jure,  and  has  the  right  of  putting  its  own  construction 
u])on  the  laws  of  Congress,  and  of  suspending  their  exe- 
cution within  the  limits  of  its  own  territory,  if  they  seem 
unconstitutional  and  iwijust. 

The  entire  doctrine  of  Nullification  is  comprised  in  a 
sentence  uttered  hy  Vice  Vr-'sident  Calhou'i,  -he  head  of 
that  ]>arty  in  the  South.,  bv.^>)'^  the  Senate  of  the  United 
States,  in  18o3  :  "  Tli'  CouMi  +  ution  is  a  eom])act  to  which 
the  States  were  parties  in  I'.ieir  sovereign  capacity:  now, 
whenever  a  com])act  is  L'uiered  in!o  l)y  parties  which  ac- 
knowledge no  connnoii  arltiter  to  decith-  in  the  last  resort, 
each  of  them  has  a  right  to  judge  (or  its^if  in  ivlation  to 
the  nature,  extent,  and,  obligations  of  the  instrument."  It 
is  evident  that  such  a  doctrine  destroys  the  "\"ery  basis  of 
the  Federal  Constitution,  and  brings  back  the  anarchy 
from  which  the  Americans  were  delivered  by  the  act  of 
17811. 

When  South  Carolina  perceived  \hat   Congress   turned 
23  mi 


M 

■4 


If!; 


580 


DEMOCRACY  IN  AJIERICA. 


!i 


!.,  I  I 


a  deaf  oar  to  its  remonstrances,  it  tlireatened  to  apply  tlic 
doctrine  of  Nullification  to  the  Federal  Tariff'  law.  Con- 
gress persisted  in  its  system,  and  at  length  the  storm  broke 
out.  In  the  course  of  1882,  the  })eop!c  of  South  Carolina* 
named  a  national  convention,  to  consult  upon  the  extraor- 
dinary measures  Avliich  remained  to  he  taken ;  and  on  the 
24th  of  Novemljer  of  the  same  year,  this  convention  pro- 
j-iulgated  a  law,  under  the  form  of  a  decree,  wiiicii  an- 
nulled the  Federal  law  of  the  Tariff,  forbade  the  levy  of 
the  imposts  which  tliat  law  commands,  and  refused  to  rec- 
ognize the  appeal  which  might  be  made  to  the  Federal 
courts  of  law.f  This  decree  was  only  to  be  put  in  execu- 
tion in  the  ensuing  mouth  of  February  ;  and  it  was  inti- 
mated that,  if  Conn-ress  modified  the  Tariff'  before  that 
period.  South  Carolina  might  be  induced  to  proceed  no 
further  with  her  menaces  :  and  a  va2;ue  desire  was  after- 
wards  expressed  of  submitting  the  question  to  an  extraor- 
dinary assembly  of  all    the   confederate    States.      In    the 

*  That  is  to  say,  the  majority  of  the  people  ;  for  the  opposite  party, 
called  the  Union  party,  always  formed  a  very  strong  and  active  minority. 
Carolina  may  contain  about  47,000  voters ;  30,000  were  in  favor  of  nullifica- 
tion, and  17,000  opposed  to  it. 

t  This  decree  wa^  preceded  hy  a  Bcport  of  the  Committee  In'  which  it 
was  framed,  containing  the  explanation  of  the  motives  and  object  of  the 
law.  The  following  passage  occurs  in  it  (p.  34) :  "  When  the  rights  re- 
served by  the  Constitution  to  the  different  States  are  deliberately  violated,  it 
is  the  duty  and  the  right  of  those  States  to  interfere,  in  order  to  check  the 
progress  of  the  evil ;  to  resist  usurpation,  and  to  maintain,  within  their  re- 
spective limits,  those  jiowers  and  privileges  whii'h  belong  to  them  as  indepen- 
dent, fiovereign  States.  If  tliey  were  destitute  of  tliis  right,  they  Avould  not  be 
sovereign.  South  Carolina  declares  that  she  acknowledges  no  tribunal  upon 
earth  above  her  authority.  She  has  indeed  entered  into  a  solemn  compact 
of  union  with  the  other  States  ;  but  she  demands,  and  will  exercise,  the  right 
of  putting  her  own  construction  upon  it ;  and  when  this  compact  is  violated 
by  her  sister  States,  and  by  the  government  which  they  have  created,  she  is 
determined  to  avail  herself  of  the  unquestionable  right  of  judging  what  is 
the  extent  of  the  infraction,  and  what  are  the  measures  best  fitted  to  obtain 
justice." 


CIIAXCKS   OF   Dl'RATION    OF   TIIK    TNIOX. 


531 


mean  time,  South  Carolina  armed  licr  militia,  and  pro- 
pared  for  war. 

But  Congress,  wliieh  had  sliglited  its  su})pliant  suhjects, 
listened  to  their  com])laints  as  soon  as  they  ai)peare(l  witii 
arms  in  their  hands.*  A  law  was  passed,  l)y  wliicli  tlu; 
tariff  duties  were  to  be  o-raduallv  redueed  for  ten  years, 
luitil  they  were  brouo;ht  so  low  as  not  to  exceed  tlie 
supplies  necessary  to  the  government.  Thus  Congress 
completely  abandoned  the  principle  of  the  Tariff",  and 
substituted  a  mere  fiscal  impost  for  a  system  of  pi-otec- 
tive  duties. f  The  government  of  the  Union,  to  conceal 
its  defeat,  had  recourse  to  an  exjx'dient  which  is  nuich  in 
vogue  with  feeble  governments.  '  It  yielded  the  jjoint  <le 
facto,  but  remained  inflexible  upon  the  j)rincij)les  ;  and 
whilst  it  was  altering  the  Tariff  law,  it  })assed  anotiier 
bill,  by  which  the  President  was  invested  with  extraor- 
dinary powers,  enabling  him  to  overcome  by  force  a  resist;- 
ance  which  was  then  no  longer  to  be  feared. 

But  South  Carolina  did  not  consent  to  leave  the  Union 
m  tlie  enjoyment  of  these  scanty  appearances  of  success : 
the  same  national  convention  which  had  annulled  the 
Tariff  bill,  met  again,  and  accepted  the  profi'ered  conces- 
sion ;  but,  at  the  same  time,  it  declared  its  unabated  per- 
severance in  thi  doctrine  of  nullification  ;  and,  to  prove 
what  it  said,  it  annulled  the  law  investing  the  President 
with  extraordinary  powers,  although  it  was  very  certain 
that  the  law  would  ne'^er  be  carried  into  effect. 

Almost  all  the  ccmtroversies  of  which  I  have  been  s])eak- 
ing   have   taken   place  under  the   Presidency  of  General 


1  f 


III'  \ 
ill. 


'it' 


*  Coii<rrcss  was  ritiitlly  decifloil  to  take  this  step  hy  tlie  cou  ■  ict  of  the 
powerful  State  of  Virginia,  whose  Legislature  cftere.l  to  serve  as  a  mediator 
between  the  Union  anil  South  Carolina.  Hitherto  the  latter  State  had  ap- 
peared to  be  entirely  abandoned,  even  by  the  States  whieh  had  joined  in  her 
remonstrances. 

t  This  bill  \va^  lirought  in  by  Mr.  Clay,  and  it  passeil  in  four  days  through 
both  houses  of  <  'oiigress,  by  an  immense  majority. 


a 


532 


DKMOCKACY    IN   AMKRICA. 


-i'  / 


[  'H*! 


;  i' 


h 


m 


Jackson  ;  and  it  cannot  be  denied  tliat,  in  tlie  question 
of  the  Tarirt',  he  has  supported  the  rigiits  of  the  Union 
witli  energy  and  skill.  I  think,  however,  that  the  con- 
duct of  this  President  of  the  Federal  ifovernment  may 
be  reckoned  as  one  of  the  dangers  which  threaten  its 
continuance. 

Some  ])ersons  in  Europe  have  formed  an  opinion  of  the 
influence  of  General  Jackson  upon  tlie  affairs  of  his  coun- 
try which  a})pears  highly  extravagant  to  those  who  have 
seen  the  subject  nearer  at  hand.  We  have  been  told  that 
General  »lackson  has  won  battles ;  that  he  is  an  energetic 
man,  ])rone  by  nature  and  habit  to  the  use  of  force,  cov- 
etous of  power,  and  a  despot  by  inclination.  All  this  may 
be  true  ;  but  the  inferences  which  have  been  di.Avn  from 
these  truths  are  very  erroneous.  It  has  been  imagined 
that  General  Jackson  is  bent  on  establishing  a  dictatorship 
in  America,  introducing  a  military  spirit,  and  giving  a 
degree  of  influence  to  the  central  authority  which  cannot 
but  be  dangerous  to  })rovincial  liberties.  But  in  AmeiicT 
the  time  for  similar  undertakin<is,  and  the  ao-e  for  men  of 
this  kind,  is  not  yet  C(mie  :  if  General  Jackson  had  thought 
of  exercising  his  authority  in  tliis  manner,  he  would  infalli- 
bly have  forfeited  his  political  station,  and  compromised  his 
life,  —  he  has  not  been  so  impiaident  as  to  attempt  any- 
thing of  the  kind. 

Far  from  wishing  to  extend  the  Federal  power,  the 
President  belongs  to  the  party  which  is  desirous  of  lim- 
iting tl)at  })'>wer  to  the  clear  and  precise  letter  of  the 
Constiiiirion,  and  which  never  puts  a  construction  upon 
that  ai't  favorable  to  the  government  of  the  Union  ;  far 
from  standing  forth  as  the  champion  of  centralization,  Gen- 
eral Jackson  is  the  agent  of  the  State  jealousies  ;  and  he 
was  placed  in  his  lofty  station  by  the  passions  which  are 
most  o])posed  to  the  central  government.  It  is  by  per- 
petually flattering  these  passions  that  he  maintains  his  sta- 


r-r 


t:.  i  ji 


W:  I 


CHAN'CKS    OF    DURATION    OF    THK    IXloN. 

tion  and  his  popularity.  General  Jackson  is  the  slave 
of  the  majority  :  he  yields  to  its  wishes,  its  j)ropensities, 
and  its  demands,  —  say,  rather,  antiei})ates  and  forestalls 
them. 

Whenever  the  governments  of  the  States  come  into  col- 
lision with  that  of  the  Union,  the  President  is  ^eiu'rally 
the  fir't  to  question  his  own  rights,  —  he  ahuost  aiwiiys 
outstri])s  the  legislature  ;  and  when  the  exti'iit  of  the  Fed- 
eral ])ower  is  controverted,  he  takes  j)art,  as  it  were, 
against  himself,  —  he  conceals  his  ofHcial  inti'i'ests,  and 
labors  to  diminish  his  own  dignity.  Not,  indeed,  that  he 
is  naturally  weak  or  hostile  to  the  Union  ;  for  wlu-n  the 
majority  decided  against  the  chiims  of  nulHHcation,  he  j)ut 
himself  at  their  head,  asserted  the  doctrines  which  the  na- 
tion held  distinctly  and  energetically,  and  was  the  tii'st  to 
recommend  force  ;  but  General  Jackson  appears  to  me,  if 
I  may  use  the  American  exjjression,  to  be  a  Federalist  by 
taste  and  a  Republican  by  calculation. 

General  Jackson  stoops  to  gain  the  favor  of  the  major- 
ity ;  but  when  he  feels  that  his  po])ularity  is  secure,  he 
overthrows  all  obstacles  in  the  ])vu'suit  of  the  objects  which 
the  community  apj)roves,  or  of  those  which  it  does  not 
regard  with  jealousy.  Su])ported  by  a  power  which  his 
predecessors  never  had,  he  tramj)les  on  his  personal  i-ne- 
mies,  whenever  they  cross  his  path,  with  a  facility  williout 
example;  he  takes  upon  himself  the  responsibility  of  meas- 
ures which  no  one  before  him  would  have  ventured  to 
attempt:  he  even  treats  the  national  representatives  with 
a  disdain  ap])roaching  to  insult;  he  puts  his  veto  upon  the 
laws  of  Congress,  and  frerpiently  neglects  even  to  reply 
to  that  powerful  body.  He  is  a  fiivorite  who  sometimes 
treats  his  master  roughly.  The  })ower  <jf  General  -fackson 
perpetually  increases,  but  that  of  the  President  declines; 
in  his  hands,  the  Federal  government  is  strong,  but  it  will 
pass  enfeebled  into  the  hands  of  his  successor. 


I 


684 


DKMOCRACY    IN    AMKRICA. 


I  am  strangely  mistaken  if  the  Federal  government  of 
the  United  States  be  not  constantly  losing  strength,  retiring 
gradnally  from  pnblic  affairs,  and  narrowing  its  circle  of 
action.  It  is  natnrally  feeble,  but  it  now  abandons  even 
the  a})})earance  of  strength.  On  the  other  hand,  I  thought 
that  I  remarked  a  more  lively  sense  of  independence,  and 
a  more  decided  attachment  to  their  separate  governments, 
in  the  States.  The  Union  is  desired,  but  only  as  a  shadow  ; 
they  wish  it  to  be  strong  in  certain  cases,  and  weak  in  all 
others ;  in  time  of  warfare,  it  is  to  be  able  to  concentrate 
all  the  forces  of  the  nation,  and  all  the  resources  of  the 
country,  in  its  hands ;  and  in  time  of  peace,  its  existence 
is  to  be  scarcely  perce[)tible  ;  as  if  this  alternate  debility 
and  vigor  were  natural  or  possible. 

I  do  not  see  anything  for  the  present  which  can  check 
this  general  tendency  of  opinion  :  the  causes  in  which  it 
originated  do  not  cease  to  operate  in  the  same  direction. 
The  change  will  therefore  go  on,  and  it  may  be  predicted 
tliat,  unless  some  extraordinary  event  occurs,  the  govern- 
ment of  the  Union  will  grow  weaker  and  weaker  every 
day. 

I  think,  however,  that  the  period  is  still  remote,  at  Avliich 
the  Federal  power  will  be  entirely  extinguished  by  its  ina- 
bility to  protect  itself,  and  to  maintain  peace  in  the  country. 
The  Union  is  sanctioned  bv  the  manners  and  desires  of 
the  ])eople ;  its  results  are  palpable,  its  benefits  visible. 
When  it  is  perceived  that  the  weakness  of  the  Federal 
government  compromises  the  existence  of  the  Union,  I  do 
not  doubt  that  a  reaction  will  take  place  with  a  view  to 
increase  its  strength. 

The  government  of  the  United  States  is,  of  all  the  Fed- 
eral governments  which  have  hitherto  been  established,  the 
one  which  is  most  naturally  destined  to  act.  As  long  as  it 
is  only  indii'ectly  assailed  by  the  interpretation  of  its  laws, 
and  as  long  as  its  substance  is  not  seriously  im})aired,  a 


II 

i,  ! 


,  I 


rR015A15LK    DUUATIOX    OF    llIK    UKl'inLIC. 


535 


low  ; 


change  of  opinion,  iin  internal  crisis,  or  a  war,  may  restore 
ail  tlie  vii^or  wiiicli  it  recjuires.  Wjiat  I  liavc  hccn  most 
anxious  to  establisii  is  simply  this:  ^lany  })ropl('  in  France 
imaoine  that  a  chanov  of  opinion  is  goin<j;  on  in  the  United 
States,  which  is  favorable  to  a  centralization  of  jxiwcr  in 
the  hands  of  the  President  and  the  Congress.  1  hold  that 
a  contrary  tendency  may  distinctly  be  ol)si'rve(,.  So  liu' 
is  the  Federal  government,  as  it  grows  old,  from  aciiuir- 
incT  strenii'th,  and  from  threatening  the  s(nerei!>iity  of  the 
States,  that  I  maintain  it  to  be  o-i'owinii'  weaker,  and  that 
the  sovereignty  of  the  Union  alone  is  in  danger.  Such 
are  the  facts  which  the  present  time  discloses.  Tiie  future 
conceJs  the  final  result  of  this  "tendency,  and  the  events 
which  mav  check,  retard,  or  accelerate  the  chauiies  I  have 
described ;  I  do  not  affect  to  be  able  to  remove  the  \eil 
which  hides  them. 


II 


very 

Inch 
ina- 

ntry. 
I?s  of 

sible. 
leral 
I  do 

w  to 


laws, 
^d,  a 


OF    THE   REPUBLICAN    INSTITUTIONS    OF   THE   UNITED    STATES, 
AND    WHAT    THEIR    CHANCES    OF    DURATION    ARE. 

The  Union  is  only  an  Accident.  —  Repub'licau  Institutions  liavc  more  Pcr- 
miinence.  —  A  Republic  for  tlic  Present  is  the  nivtunil  State  of  the  An- 
glo-Americans.—  Reason  of  tliis.  —  In  order  to  destroy  it,  all  the  Laws 
must  be  ciiangt.d  at  the  same  Time,  and  a  great  Aheration  take  place 
in  Manners.  —  Uifticuliics  wliich  the  Amcrieaus  would  experience  in 
creating  an  Aristocracy. 

The  dismemberment  of  the  Union,  by  introducing  war 
into  the  heart  of  those  States  which  are  now  confederate, 
with  standing  armies,  a  dictatorship,  and  a  heavy  taxation, 
might  eventually  com})romise  the  fate  of  re})ub!ican  insti- 
tutions. But  we  ought  not  to  confound  the  future  pros- 
pects of  the  republic  with  those  of  the  Union.  The  Unicm 
is  an  accident,  which  will  only  last  as  long  as  circumstances 
favor  it ;  but  a  republican  form  of  govs^rnment  seems  to 


i: 


H\l 


'iii 


Mi 


H 


530 


UKMOCUACV    IX    AMLUICA. 


i: 


V   I 


mo  tlie  ntitural  state  (jf  tlio  Amuriciins,  wliicli   notliliiu;  l>iit 
tlio  coiitiiuu'd  action  of  liostilc  caib 


st's,  ahvays  ac'tinu-  in  tne 


lid 


munu  direction,  could  cliaii^i'  into  a  inonaivliy 


Tiic  r 


iiiun 


exists  ]ii'iiici|»ally  in  tlic  law  wiiich  flinicd  it ;  one  revolu- 
tion, (»ne  clian^t;  in  public  oj)iinon,  niinlit  di-stroy  it  for- 
ever ;    but  the   ivj>ublic   has  a   deeper   tbundatioii    to   rest 


upon. 


What  is  understood  by  a  re})ublii  an  govt'rnmeiit  in  the 
United  States,  is  the  slow  and  (juiet  acti'>n  of  socii-ty  upon 
itself.  It  is  a  regular  state  of  things  n-ally  founded  n])()ii 
the  enlii;litened  will  of  the  }te(iple.  It  is  a  c<  iciliatmy 
governnieiit,  under  which  resolutions  are  allow  d  time  t(t 
ripen ;  and  in  which  they  are  deliberately  discussed,  and 
are  executed  only  wlieii  mature.  The  rej)ublicans  in  the 
United  States  s(;t  a  high  value  upon  morality,  respect  re- 
litiious  belief,  and  acknowlediie  the  existence  of  riiihts. 
They  profess  to  think  that  a  })eople  ought  to  be  nioi-al, 
religious,  and  tem})erate,  in  proportion  as  it  is  free.  What 
is  called  the  rej)ublic  in  the  United  States  is  the  traiKpiil 
ride  of  the  majority,  which,  after  having  Imd  time  to  ex- 
amine itself,  and  to  give  prv)of  of  its  existence,  is  the  com- 
mon source  of  all  the  powers  of  the  State.  But  the  ])ower 
of  the  majority  itself  is  not  unlimited.  Above  it,  in  the 
moral  world,  are  humanity,  justice,  and  reason  ;  and  in  the 
political  world,  vested  rights.  The  majority  recognizes 
these  two  barriers  ;  and  if  it  now  and  then  overste})  them, 
it  is  because,  hke  indivitluals,  it  has  passions,  and,  ke 
them,  it  is  prone  to  do  what  is  wrong,  wdiilst  it  discerns 
what  is  right. 

But  the  demagogues  of  Europe  have  made  strange  dis- 
coveries. A  republic  is  not,  according  to  them,  the  rule 
of  the  majority,  as  has  hitlierto  been  tliought,  but  the  rule 
of  those  who  are  strenuous  partisans  of  the  majority.  It 
is  not  the  people  who  preponderate  in  this  kind  of  govern- 
ment, but  those  who  know  what  is  good  for  the  people ;  — 


iM;on.\iu,F.  DiuATioN  OF   iiii:  iir.i'i  lu.u'. 


a  lin]i|)y  distinctioii,  wliicli  allows  nu'ii  t(»  act  in  tli''  iiamo 
of  nations  without  (•«)ii>iiltiiii;'  thi-m,  aiul  to  claiiii  tlicir 
ji;ratitii(li'  wliil-t  tiicir  i-ii:lits  aiv  tfanipK-il  uikIit  foot.  A 
ivpuhlicaii  j;(»\('rnint'iit,  mon'oNcr,  thoy  hold,  is  the  onI\' 
one  which  has  the  ri^lit  (tf  (loin^-  whatever  it  (•hoos^'^,  and 
despisiiiu-  what  men  have  hitherto  respected,  iVoni  th"  hiiiii- 
est  moral  laws  to  the  \uli;'ar  rules  of  eoiuuion  sell•^c.  It 
had  heeu  siipposi'd,  until  our  time,  that  (les|)otI-?ii  was 
odious,  under  whatever  lorm  it  a|»]iearcd.  i»ut  it  i-.  a 
disco\erv  of  ukmIci  days  that  there  are  such  thinii's  as 
leoitimate  tyranny  .  holy  injustice,  |tro\ided  they  are 
exercised   in   the  name  of  the  people. 

The  ideas  which  the  Americans- have  adopted  respcctini;' 
the  republic,  render  it  easy  for  them  to  live  under  it,  and 
insiu'c  its  duration.  With  them,  if  the  republic  he  ofti'u 
j)ractieally  had,  at  least  it  is  theoretically  wood  ;  and,  in  the 
end,  the  peoj)le  always  act  in  contbrmlty  to  it. 

It  was  impossible,  at  the  foundation  of  the  States,  and  it 
would  still  be  ditKeult,  to  establish  a  central  administration 
in  America.  The  inhabitants  are  dis])ersed  over  too  ereat 
a  space,  and  se[)arated  by  too  many  natural  obstiudes,  for 
one  man  to  undertake  to  direct  the  details  of  their  exist- 
once.  America  is  therefore  pre-eminently  the  country 
of  provincial  and  miniici|)al  ojovornment.  To  this  cause, 
whicdi  Avas  })lainly  felt  by  all  the  Kuroj)eans  of  the  Xew 
World,  the  Antfio-Americans  added  several  others  pecu- 
liar to  themselves. 

At  tlie  time  of  the  settlement  of  the  North  American 
Colonies,  municipal  liberty  bad  already  ])enetrated  into  the 
laws  as  well  as  the  manners  of  the  English,  and  the  emi- 
grants adopted  it,  not  only  as  a  necessary  thing,  but  as  a 
benefit  wdiich  they  knew  how  to  appreciate.  We  have 
already  seen  how  the  Colonies  were  founded :  every  })rov- 
ince,  and  almost  every  district,  w^as  peopled  separately  by 
men  who  were  strano;ers  to  each  other,  or  were  associated 

23* 


!\ 


''  \ 


I 


II 


,.^.. 


V 


v^ 


t>^    .^^ 

%%^>»^ 
^,^. ' 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


1^ 


1^       1^ 

2.0 


11.25  i  1.4 


1.6 


Photographic 

Sdences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


.-! 


538 


DEMOCRACY   IN   AMERICA. 


m. 


with  very  difFureiit  purposes.  The  Enghsh  settlers  in  the 
United  States,  therefore,  early  perceived  that  tliey  were 
divided  into  a  creat  number  of  small  and  distinct  connnu- 
nities,  which  belonged  to  no  common  centre  ;  and  that 
each  of  these  little  communities  must  take  care  of  its  own 
affairs,  sint^e  there  was  not  any  central  authority  which 
was  naturally  bound  and  easily  enabled  to  provide  for 
them.  Thus,  the  nature  of  the  country,  the  manner  in 
which  the  British  Colonies  were  founded,  the  habits  of  the 
first  emigrants,  in  short,  everything,  united  to  promote, 
in  an  extraordinary  degree,  municipal  and  provincial  lib- 
erties. 

In  the  United  States,  therefore,  the  mass  of  the  institu- 
tions of  the  country  is  essentially  republican ;  and,  in  order 
permanently  to  destroy  the  laws  which  form  the  basis  of 
the  republic,  it  would  be  necessary  to  abolish  all  the  laws 
at  once.  At  the  present  day,  it  would  be  even  more  diffi- 
cult for  a  party  to  found  a  monarchy  in  the  United  States, 
than  for  a  set  of  men  to  convert  France  into  a  republic. 
Royalty  would  not  find  a  system  of  legislation  prepared 
for  it  beforehand ;  and  a  monarchy  would  then  really  exist, 
surrounded  by  republican  institutions.  The  monarchical 
principle  would  likewise  have  great  difficulty  in  penetrat- 
ing into  the  manners  of  the  Americans. 

In  the  United  States,  the  sovereignty  of  the  people  is 
not  an  isolated  doctrine,  bearing  no  relation  to  the  pre  vail- 
ing habits  and  ideas  of  the  people  ;  it  may,  on  the  con- 
trary, be  regarded  as  the  last  link  of  a  chain  of  opinions 
which  binds  the  whole  Anglo-American  world.  That 
Providence  has  given  to  every  human  being  the  degree 
of  reason  necessary  to  direct  himself  in  the  affairs  which 
interest  him  exclusively,  is  the  grand  maxim  upon  which 
civil  and  political  society  rests  in  the  United  States.  The 
father  of  a  family  applies  it  to  his  children,  the  master  to 
his  servants,  the  township  to  its  officers,  the  province  to 


PUOBABLE   DURATIOX    OF    THK    KKl'l.BLIC. 


,'>:.d 


its  towiisliips,  the  State  to  tlie  provinces,  the  Union  to  the 
States  ;  and,  when  extended  to  the  nation,  it  becomes  the 
doctrine  of  the  sovereignty'^  of  the  people. 

Thus,  in  the  United  States,  the  fundamental  })rin('ii)le 
of  the  republic  is  the  same  which  governs  the  greater  part 
of  human  actions  ;  republican  notions  insinuate  themselves 
into  all  the  ideas,  opinions,  and  habits  of  the  Americans, 
and  are  formally  recognized  by  the  laws  ;  and,  before  the 
laws  could  be  altered,  the  whole  connnunity  nmst  be  revo- 
lutionized. In  the  United  States,  even  the  religion  of  most 
of  the  citizens  is  republican,  since  it  submits  the  truths  of 
the  other  world  to  private  judgment :  as  in  politics,  the 
care  of  their  tem})oral  interests  is  abandoned  to  the  good 
sense  of  the  people.  Thus,  every  man  is  allowed  freely 
to  take  that  road  which  he  thinks  will  lead  him  to  heaven, 
— just  as  the  law  permits  every  citizen  to  have  the  right 
of  choosiufj  his  own  ijovernment. 

It  is  evident  that  nothing  but  a  long  series  of  events,  all 
having  the  same  tendency,  could  substitute  for  this  com- 
bination of  laws,  opinions,  and  manners,  a  mass  of  opposite 
opinions,  manners,  and  laws. 

If  republican  principles  are  to  perish  in  America,  they 
can  yield  only  after  a  laborious  social  process,  often  inter- 
rupted, and  as  often  resumed ;  they  will  have  many  appar- 
ent revivals,  and  will  not  become  totally  extinct  until  an 
entirely  new  people  shall  have  succeeded  to  those  who  now 
exist.  There  is  no  symptom  or  presage  of  the  aj)proach 
of  such  a  revolution.  There  is  nothinji  more  strikin*;  to 
a  person  newly  arrived  in  the  United  States,  than  the  kind 
of  tumultuous  agitation  in  which  he  finds  political  society. 
The  laws  are  incessantly  changing,  and  at  first  sight  it 
seems  impossible  that  a  people  so  fickle  in  its  desires  should 
avoid  adopting,  within  a  short  space  of  time,  a  completely 
new  form  of  government.  But  such  apprehensions  are  pre- 
mature ;  the  instability  which  affects  political  institutions 


540 


DK.MOCHACY    IN    AMKKICA. 


ii' 


M 


is  of  two  kinds,  wliicli  ought  not  to  he  t'onfoundrd. 
Tlie  first,  wliicli  niodities  secondiiry  laws,  is  not  inconi- 
])atil)K'  with  a  vcrv  st-ttlcd  state  of  socictv.  'J'lu'  otiu-r 
shakes  tlie  very  founchitions  of  the  Constitution,  and  at- 
tacks  the  fundamental  j)rin('i))les  of  leiiislation  ;  this  sj)e(  it-s 
of  instability  is  always  followed  hy  troubles  and  revolu- 
lions,  and  the  nation  which  suffers  under  it  is  in  a  violent 
and  transitoiy  state. 

Experience  shows  that  these  two  kinds  of  legislative  in- 
stabilitv  have  no  necessary  connt'ction  ;  for  thev  have  been 

%,'  i'  •/ 

found  united  or  separate,  accordiuiji:  to  tinu-s  and  circum- 
stances. The  first  is  conunon  in  the  United  States,  but 
not  the  second  :  the  Americans  often  chauii'e  tlu-ir  laws, 
but  the  foundations  of  the  Constitution  art'  respected. 

In  our  days,  the  republican  j)rinciple  rules  in  ^Vnu'rica, 
as  the  m(»narchical  princi])le  did  in  France  under  i^ouis 
XIV.  The  French  of  that  period  were  not  (tidy  friends 
of  the  monarchy,  but  thought  it  imj)ossible  to  put  anything 
in  its  place  ;  they  received  it  as  we  reci'ive  the  rays  of  the 
sun  and  the  return  of  the  seasons.  Amongst  them  the 
royal  power  had  neither  advocates  nor  opponents.  In  like 
manner  does  the  republican  government  exist  in  America, 
without  contention  or  op])osition,  without  proofs  or  argu- 
ments, by  a  tacit  aiiroement,  a  sort  of  com^cnsiis  uiiioersalis. 

It  is,  however,  my  oj)inion,  that,  by  changing  tlu-ir  ad- 
ministrative forms  as  often  as  they  do,  the  iidiabitants  of 
the  United  States  compromise  the  stidtility  of  their  gov- 
ernment. It  may  be  a})prehended  that  men,  perpetually 
thwarted  in  their  designs  by  the  nuitability  of  K'gislation, 
will  learn  to  look  upon  the  republic  as  an  inconvenient 
form  of  society ;  the  evil  resulting  from  the  instability  of 
the  secondary  enactments  might  then  raise  a  doubt  as  to 
the  nature  of  tlie  fundamental  prii?  iples  of  the  Constitu- 
tion, and  indirectly  bring  about  a  revolution ;  but  this 
epoch  is  still  very  remote. 


I'1{015A1jm:  duration  of  THi;  ur.i'i  r.Lic. 


:4i 


It  may  Ik'  Ibi't'srcii  I'Vfii  now,  tlmt,  w  licii  tlu'  AmcricMiis 
Jose  tl>'ir  ri'j)ul)lifan  institutions,  tlu-y  will  sjx'cdily  ;inl\(^ 
at  a  (lesj)oti('  (jjoviTnuu-nt,  witlumt  a  lonn'  intiT\al  ot"  lim- 
ited nionaivliv.  Montt'siniicu  ivniarki'd,  that  uotliinLi  is 
more  absolute  tlian  the  autiioi-ity  of  a  prince  who  innu''- 
diately  succeeds  a  republic,  since  the  indctinite  powci-s 
wliii'h  had  fearlessly  been  intrusted  to  an  elected  niai:i<- 
trate  are  then  transferred  to  an  hereditary  soNcrei^n.  This 
is  true  in  <:;eneral,  but  it  is  more  pi'culiarly  apjdicable  to  a 
democratic  republic.  In  the  United  States,  tin:  magistrates 
are  not  elected  by  a  particidar  class  of  citi/.ens,  but  by  the 
majttrity  of  the  nation  ;  as  they  are  the  innnediate  re[)re- 
sentatixes  of  the  passions  of  the  multitude,  and  are  wholly 
dependent  upon  its  j)leasure,  they  excite  neithei"  hatred  nor 
fear:  hence,  as  1  have  already  shown,  veiy  little  cari'  has 
been  taken  to  limit  their  authority,  and  they  are  left  in 
possession  of  a  vast  deal  of  arbitrary  ]>ower.  This  state 
of  tliin<fs  has  created  haljits  which  would  outlive  itself:  the 
American  matristrate  would  retain  his  indefinite  })owi'r,  but 
would  cease  to  be  res[)onsible  for  it  ;  and  it  is  impossible  to 
say  what  bounds  could  then  be  set  to  tyranny. 

Some  of  our  Euroj)ean  politicians  ex])ect  to  see  an  aris- 
tocracy arise  in  America,  and  already  predict  the  exact 
period  at  which  it  will  assume  the  reins  of  government.  I 
have  jnvviously  observed,  and  I  repeat  it,  that  the  present 
tendency  of  American  society  appears  to  me  to  become 
more  and  more  democratic.  Nevertheless,  I  do  not  assert 
that  the  Americans  will  not,  at  some  future  time,  resti'ict 
tlie  circle  of  political  rii^hts,  or  confiscate  those  ri^lits  to 
the  advantaiie  of  a  sino-le  man  ;  but  I  cannot  believe  that 
they  will  ever  give  tlie  exclusive  use  of  them  to  a  privi- 
leged class  of  citizens,  or,  in  other  words,  that  they  will 
ever  found  an  aristocracy. 

An  aristocratic  body  is  comjiosed  of  a  certain  number 
of  citizens,  who,  without  beini;;  verv  fi.ir  removed  from  the 


;!i 


A'2 


DKMOCHACY    IN   AMKI.'K'A. 


ili 


'I.   !■ 


ii;. 


mass  of  the  peojjlf,  arc,  lu'vcrtlu'lcss,  jxTinaiU'iitly  sta- 
tioned above  tlicm  :  —  a  hodv  wliicli  it  is  casv  to  toiidi, 
and  dilHcult  to  strike,  —  with  wliicli  the  )»e(»|ile  are  ix 
daily  contact,  hut  with  wliich  thev  can  ne\i'r  c(»Miliine. 
N<)thiii<f  can  he  iniaLjined  nioiv  contrary  to  nature  and  to 
the  secret  instincts  of  the  human  lieart,  tlian  a  sulijection 
of  tliis  kind  ;  and  men  who  are  left  to  follow  their  own 
hent  will  always  j)refer  the  arbitrary  power  of  a  kinij;  to 
the  ri'ii:ular  administration  of  an  aristocracy.  Aristocratic 
institutions  cannot  subsist  without  layino;  down  the  in- 
equality of  men  as  a  fundamental  principle,  lenali/,iii<r  it 
beforehand,  and  introducinji  it  into  the  fimily  as  wi'll  as 
into  society  ;  but  these  are  things  so  repu«j;nant  to  natural 
equity,  that  they  can  only  be  extorted  from  men  by  con- 
straint. 

I  do  not  think  a  single  people  can  be  quoted,  since 
human  society  began  to  exist,  which  has,  by  its  own  free 
will  and  its  own  exertions,  created  an  aristocracy  within 
its  own  bosom.  All  the  aristocracies  of  the  ]\Iiddle  Ai>;es 
were  founded  by  military  conquest  ;  the  concpieror  was 
the  noble,  the  yanquished  became  the  serf.  Inecpiality 
^vas  then  im})osed  by  force  ;  and  after  it  had  be  n  once 
introduced  into  the  manners  of  the  country,  it  maintained 
itself,  and  })assed  naturally  into  the  laws.  Communities 
haye  existed  Ayhich  were  aristocratic  from  their  earliest 
origin,  owing  to  circumstances  anterior  to  that  event,  and 
which  became  more  democratic  in  each  succeedino;  ao;e. 
Such  was  the  lot  of  the  Romans,  and  of  the  barbarians 
after  them.  But  a  people,  having  taken  its  rise  in  civili- 
zation and  democracy,  ^vhich  should  gradually  establish 
inequality  of  condition,  until  it  arrived  at  inviolable  privi- 
leges and  exclusive  castes,  would  be  a  novelty  in  the  world; 
and  nothing  indicates  that  America  is  likely  to  be  the  first 
to  furnish  such  an  example. 


COMMKIHIAI,    I'HOSl'ERITV    Ml'    HIK    I  NIH:!)    STAIKS.     'A-\ 


Ao;os 


it,  and 
g  age. 
)arians 
civili- 
tablish 


* 


SOME  roN'sini;u\TT()\>!  n\  tfik  cmv^fs  of  the  commiiiu  i  vl 

I'KOSPr.lUTY    OK    TMK    INITKl)    HTATKS. 

The  Arncricuns  (U'stined  liy  Nature  to  In'  a  j.'iTiit  Mariliine  IVoplc  —  Kxictit 
of  tlioir  Coiisfs. — Dcptli  of  tlit-ir  Torts.  —  Size  of  their  Kivcrs.  —  The 
Commercial  Superiority  of  the  AiiLrln-Americ  atis  less  attril>utalile,  liow- 
ever,  to  Physical  ("ircums^^nc('s,  than  to  Moral  ami  Iiitelleciual  Causes. 
—  Reason  of  thi.s  (>])iiiioti.  —  Future  <if  the  An;^lo-Amcricaii.>  as  a  (  om- 
mereial  Nation.  —  Tlie  Dissolution  of  the  Cnion  uuulil  not  check  the 
Maritime  Vi;^or  of  the  States.  —  I'easou  of  this.  —  Anulo-Anicricans  nnIII 
naturally  supply  tiie  Wants  of  the  Inhahitants  of  South  America.  — They 
will  hecome,  like  the  Knylisli,  the  Factors  of  a  great  J'ortion  of  the 
World. 

The  coast  of  the  United  States,  from  tlie  I>av  of  Fiindv 
to  the  Sabine  River  in  the  (iuH'  of  Me.xicb,  is  ni(.iv  tlian 
two  tlionsand  miles  in  extent.*  These  shores  form  an  nn- 
broken  line,  and  are  all  subject  to  the  same  o-overnment. 
No  nation  in  the  world  possesses  vaster,  deeper,  or  more 
secure  i»orts  for  connnerce   tluui  the  Americans. 

The  inhabitants  of  the  United  Sttites  constitute  a  oreat 
civilizetl  peo[)le,  which  ibrtune  has  j)laced  in  the  midst  of 
an  uncultivated  country,  at  a  disttuice  of  three  thoiisaiul 
miles  from  the  central  ])oint  of  civilization.  America  con- 
sequently stands  in  dtiily  need  ot"  Kiu'ope.  The  .Americans 
will,  no  doubt,  ultimately  succeed  in  producino-  (»r  maiui- 
facturing  at  home  most  of  the  articles  which  they  rt'ipiire  ; 
but  the  two  continents  can  never  be  indepenilent  of  each 
other,  so  numerous  are  the  natural  ties  between  their 
wants,  their  ideas,  their  habits,  jnid  their  manners. 

The  Union  has  peculiar  connnodities  which  have  now 
become  necessary  to  us,  as  thev  cjuuiot  be  cultivated,  or 
can  be  raised  only  at  an  enormous  expense,  upon   the  soil 

*  It  is  hardly  necessary  to  remind  the  American  reader  that  tlu-  annexa- 
tion of  Texas,  and  the  aeccssion  of  Orejron  and  California  on  the  Pacitie,  since 
M.  de  Tocfiiicvillc  wrote,  have  made  this  coast-line  half  as  Ion;;  ai^ain.  — 
Am.  Ed. 


f 

I 


544 


I)I;M()C1!A(:Y  im  amkimca. 


):,: 


of  Eiiroj)!'.  Tlio  Amorii-ans  consunu'  only  u  sniiill  portion 
of  this  ])ro(lii('c',  and  tlicy  arc  willing  to  sell  us  tlu'  rest. 
Eui'ojx;  is  tliiTcfoi  '  tlu'  niai'ki't  of  America,  as  America  is 
the  market  of  Imu'ojx' ;  and  maritime  commerce  is  no  less 
necessary  to  cnaMe  the  iniialiitants  of  the  United  Stati-s  to 
transport  tlieir  raw  matt-rials  to  the  ports  of  Enropt",  than 
it  is  to  enahle  ns  to  snj)j>ly  them  with  onr  manntiictnred 
j)rodnce.  The  United  States  mnst  therefoie  either  fnr- 
nish  mnch  hnsiness  to  other  maritime  nations,  even  if  they 
shonld  themselves  renonnce  connnerce,  as  the  Spaniards  of 
Mexico  have  hithei'to  done,  or  they  mnst  hecome  one  of 
the  first  maritime  powers  of  tlio  glohe. 

The  Ano-lo-Americans  have  alwavs  dis])laye(l  a  decidecl 
taste  for  the  sea.  The  Declaration  of  Inde])endence,  hy 
hreakinjj:  the  commercial  bonds  which  imited  them  to  Enii- 
land,  oave  a  fresh  and  ])owerfnl  stimulns  to  their  mai'itimo 
ofnius.  Ever  since  that  time,  the  shii)})ing  of  the  Union 
has  increased  almost  as  rapidly  as  the  iinmher  of  its  inhab- 
itants. The  Americans  themselves  now  transport  to  their 
own  shores  nine  tenths  of  the  European  })ro(luce  which 
they  consume.  And  thev  also  brino;  thi'ee  (luai'ters  of  the 
ex[)orts  of  the  New  World  to  the  Euroj)ean  consumer. 
The  ships  of  tlie  United  States  fill  the  docks  of  Havre 
and  of  Liverpool,  whilst  tlic  number  of  English  and 
French  vessels  at  New  York  is  comparatively  small. 

Thus,  not  only  does  tlie  American  merchant  brave  com- 
j)etition  on  his  own  ground,  but  even  successftdly  sup})orts 
that  of  foreign  nations  in  their  own  ports.  This  is  readily 
explained  by  the  fact,  that  the  vessels  of  the  United  States 
cross  the  seas  at  a  cheaper  rate.  As  long  as  tlie  mercantile 
shipping  of  the  United  States  preserves  this  superiority, 
it  will  not  only  retain  what  it  has  acquired,  but  will  con- 
stantly increase  in  prosperity. 

It  is  difficult  to  say  for  what  reason  the  Americans  can 
navigate  at  a  lower  rate  than  other  nations ;  one  is  at  first 


coMMKiJciAL  I'ltosi'r.inrY  OF  Tin;  rNin;i)  statks.   .")4'> 


led  to  attril)iiti'  tliis  sujx'riority  to  the   pliysical   ii<lvanta;;»'s 


wliich  nature  (rives  tliciii :  but  it  is  not 


S(». 


Tin-  Aiut'iMcau 


vessels  cost  almost  as  much  to  l)uil(l  as  our  own  ;  *  tlicy  ai'i- 
not  better  built,  and  they  y;eiierallv  last  a  shorti-r  tiun-.    'rh.' 


() 


t'  the  i\merican  sailor  is  more  considfrable  than   I  Ik 


pay 

pay  on  board  Kui'opoan  sliips,  which  is  pi-oxcd  by  the  ^rcat 
number  of  Europeans  who  arc  to  be  Ibund  in  the  mci'chaut- 


vessels  of  the  Uniti'tl  Stater 


II 


o\\  liai>i»('ns  It,  then. 


that 


tlie  Americans  sail  their  vessels  at  a  cheaper  I'ate  than  W(! 
can  ours  ?  I  am  of  opinion,  that  the  true  cause  <>f  their 
superiority  must  not  be  sought  for  in  physical  adsantam's, 
but  that  it  is  wliollv  attributable  to  moral  and  intellectual 
qualities. 

The  fi)llowinn;  com|)arison  will  illustrate  mv  meaninii". 
Durinj;-  the  cam[)aijfns  of  the  Revolution,  the  l^'rench 
introduced  a  lU'W  system  of  tactics  into  the  ai't  of  war, 
wliich  perplexed  the  oldest  generals,  and  very  nearly  de- 
stroyed the  most  ancient  monarchies  of  Europe.  Tlicy 
first  undertook  to  make  shift  without  a  number  of  thini;s 
which  had  always  been  held  to  be  indisj)ensable  in  wartiire  ; 
they  required  novel  exertions  of  their  troops,  which  no 
civilized  nations  had  ever  th()un;ht  of;  tliev  achieved  o;reat 
actions  in  an  incredibly  short  time,  jmuI  risked  human  life 
without  hesitation  to  obtain  the  ((bj'ct  in  view.  The 
French  had  less  money  and  fewer  men  than  their  ene- 
mies  ;  their  resources  were  infinitely  inferior  ;  neverthe- 
less, they  were  constantly  victorious,  until  their  adversaries 
chose  to  imitate  their  example. 

The  Americans  have  introduced  a  similar  system  into 
commerce,  —  they  do  for  cheapness  what  the  French  did 
for  concjuest.  The  European  sailor  naviu;ates  with  pru- 
dence ;  he  sets  sail  only  when  the  weather  is  favorable  ; 
if  an  unforeseen  accident  befalls  him,  he  puts  into  port ;  at 

*  Materials  are,  fjeiierally  speaking,  less  expeusive  iu  America  tliau  ia 
Europe,  but  the  price  of  labor  is  much  higher. 

IZ 


1 


r>i(; 


J)|;mo(1iacy  in  amkimca. 


<IH 


tt''> 


iii;ilit,  Ih'  furls  a  jiurtiuij  of  liis  caiiNas  ;  ami  wlicii  tin- 
wliitciiiii;:;  Mlluws  iiitiiiiatr  flic  \  icinity  <tt"  land,  Ik-  clu'cks 
his  i-ctui'sc,  and  takes  an  olisiTNation  ol'  tin-  sun.  Tlic 
Aini'rican  ncult-cts  tlicsi'  |iri'cauti(>ns,  and  liravi-s  tlu'sc  dan- 
pTs.  lie  wcitilis  anchor  hfliti'c  th(-  ti'mpcst  is  u\cr;  hv 
ni^iit  :nid  ity  day  iu'  sprcadN  his  sheets  to  tiie  ^vind  ;  lie 
repairs  as  lie  ^oes  alon;^'  such  dani;i;j,'e  as  his  vessel  may 
lia\c>  su>tained  iVoiu  tiie  storm  ;  and  when  he  at  last 
approaehes  tlu*  term  of  his  vovm^c,  In-  <larts  onward  to 
the  sliori'  as  il'  he  already  (K'seried  a  port.  The  ^\meri- 
cans  are  often  shi|)\vri'('ke(l,  hut  no  trader  crosses  the  seas 
so  rapidly.  And,  as  they  pei'lorm  the  same  distance  in 
a  shoi'ter  time,  they  can  jierform   it  at  a  <'heaper  rate. 

The  I'^ui'opean  navigator  touches  at  ilitieri'Ut  ports  in  tho 
course  of  a  lonj;  voya^^e  ;  he  loses  precious  time  in  uiakin^; 
tlie  haihor,  or  in  waitin^f  for  a  lavorahle  wind  to  leave  it ; 
and  111'  |tays  daily  thies  to  he  alhnved  to  remain  tiiere. 
The  American  starts  from  I>ost(»n  to  [lurchase  tea  in 
China  :  he  arrives  at  Canton,  stays  there  a  few  days,  and 
then  returns.  In  less  than  two  v»'ars,  lie  has  sailed  as  lar 
as  the  entire  circunderence  of  the  ^lobe,  and  has  seen  land 
but  once.  It  is  true  that,  during  a  voyat;e  of  eit^ht  or  ten 
months,  he  has  drunk  brackish  water,  and  lived  upon  salt 
meat  ;  that  he  has  been  in  a  continual  contest  with  the  sea, 
with  disease,  and  with  weariness  ;  but,  upon  his  return,  he 
can  sell  a  pound  of  his  tea  for  a  halt-p<^'ii"y  l<-'«'^  than  the 
En»i;lish  merdiant,  and  his  purpose  is  accomplished. 

I  cannot  better  explain  my  meaning,  than  by  saying  that 
the  Americans  show  a  sort  of  heroism  in  their  manner  of 
trading.  The  Euro})ean  merchant  will  always  find  it  dif- 
ficult to  imitate  his  American  competitor,  who,  in  adopting 
the  system  which  I  have  just  described,  does  not  follow 
calculation,  but  an  impulse  of  his  nature. 

The  iidiabitants  of  the  United  States  experience  all  the 
wants  and  all  the  desires  wliicn  result  from  an  advanced 


(•(>.MMi;i:(IAI-    I'KdSI'KIUTY    (U-     IHi;    l.MIKK   MA  IKS.     .047 


ri\  ili/,iiti(»n  :  ;>ii(l  as  tlu'V  an*  not  sui'numdfd,  ;i>  in  I^ninpt', 
l»_v  ji  cnnnnnnitv  skillnlly  oriinni/fd  tn  •>;iti>l\  tlnni,  llu-y 
Miu'  I'l'trn  iililim'd  to  jirttcnrc  t*<»r  tlu'niscIs»-<  tlif  Niii'itMis  Mi'fi- 
ch's  wliicli  I'diicatiun  and  lial»it  have  iH-mUiH-d  n»'C('»ai"ics. 
In  Ann  j-ica,  it  sfunctinit's  lia|t|»»'ns  tliat  tlir  ^anif  |nr>(iri 
rills  liis  Held,  laiilds  Ids  dwcllini:,  contrivrs  Ids  tools,  niaki's 
Ids  sliocs,  and  wcaxcs  tlu'  coarx'  stntl'  of  wlddi  his  (li'c»  is 


coinuosi'd 


'11 


^vo|•k,  hnt  it   powi- 


•ifnil 


•r   till 
V  contnljntcs   to  a\\al\i'n   the   nitclli 


MS    is    prc'indicial    t<»    tlic   cxci'ljcncf 


gcncc  of  tlic  workman.  Notldnii  ti-nds  to  niatt'riali/.c  man, 
and  to  d('|»i"i\('  Ids  work  of  the  fainti'st  ti'aci-  of  nund.  mort- 
than  the  t'xtrcini'  division  of  lahor.  In  a  coinitiy  lik*- 
Anirrica,   whci'i'   men    devoted   to   sjieeial    occupations  are 


ran-,  a  loni:  ajiprenticeslnp  caiUKit  be  re(|nM-c(i  irom  any 
one  who  endti'aces  a  |)n»fession.  Ulu'  Americans  theretltre 
clianii'e  their  means  of  uainin^   a    livelihood   \erv   readily. 


an( 


I  th 


lev  sint  their  occupations 


to  tl 


le  exiuencii's  of  tin-  nu 


n 


nient.  Men  are  to  be  met  with  wlio  have  successively  hee 
lawyers,  ianners,  nu-rcliants,  miiusters  of  the  GosjkI,  and 
pliysicians.  If  the  American  be  less  perfect  in  each  craft 
than  till'  luiropean,  at  least  there  is  scarcely  any  trade  with 
whicli  he  is  utterly  unaccpiainted.  His  ca})acity  is  more 
general,  and  tlie  circle  of  his  intellioeiu'e  is  on'jiter. 

Till'  inhabitants  of  the  United  States  are  never  fettered 
by  the  axioms  of  their  profession  ;  they  escajje  Irom  all  the 
])rejudices  of  their  j)reseiit  station  ;  they  are  not  more  at- 
tached to  one  line  of  operation  than  to  another  ;  they  are 
not  more  })rone  to  emjdoy  an  old  method  than  a  new  one  ; 
they  have  no  rooted  habits,  and  they  easily  shake  off'  the 
influence  which  the  habits  of  other  nations  niiiiht  exercise 
upon  them,  from  a  conviction  that  their  country  is  unlike 
any  other,  and  that  its  situation  is  without  a  precedent  in 
the  world.  America  is  a  land  of  wonders,  in  whicli  every- 
thing is  in  constant  motion,  and  every  change  seems  an 
improvement.     The  idea  of  novelty  is  there  indissolubly 


r>4H  ' 


DKMOCRAcn'   IN    AMF.niCA. 


coiinccttMl  with  tlif  i(ic;i  of  amelioration.  No  iiatiiial 
l)()iiii<lai'y  >(('ins  to  Ua  srt  to  tlic  i-tlorts  of  man  ;  and,  in 
liis  eyes,  wliat  is  not  yet  tlonu  is  only  wliut  lie  has  not  yi-t 
utti-niptcd  to  (h). 

Tliis  piTjii'tnal  chaii;^!'  wliich  ;^oi's  on  in  tlic  Unitefl 
States,  these  tViMinent  vieissitndes  of  I'ortnne,  these  un- 
f'oreseiMi  fhictnations  in  jirivati*  and  |)nl)lie  wealtli,  serve 
to  keej)  the  minds  (»!'  the  peopK'  in  a  perpetnal  t'l-verish 
agitation,  wliieli  achniiahly  in\i<:;orates  tlieir  exertions,  and 
keeps  tliein,  so  to  speak,  ahove  till'  ofdinary  level  of  hu- 
manity. 'I'lie  whole  life  of  an  American  is  passed  like  a 
^ame  of  chance,  a  iwolntionary  crisis,  (tr  a  hattle.  As 
the  same  causes  are  contimially  in  oi)i'rati()n  throii;;liout 
the  country,  they  ultimati'ly  impart  an  irri'sistiiile  impulse 
to  the  national  character.  Tin;  American,  taki'U  as  a 
chance  specimen  of  his  countrymen,  nnist  then  bi*  a  man 
of  sinn'ular  warmth  in  his  desires,  I'uterprisin;^,  Ibnd  of 
adventure,  and,  ahove  all,  of  novelty.  'I'he  .same  bent  is 
manifest  in  all  that  he  does  :  he  introduces  it  into  his  polit- 
ical laws,  his  relio'ioiis  doctrines,  his  theories  of  social  econ- 
omy, and  his  domestic  occu})ations  ;  he  bears  it  with  him 
in  the  depth  of  the  backwoods,  as  well  as  In  the  business 
of  the  city.  It  is  this  same  passion,  ap}»lied  to  maritime 
commerce,  which  makes  him  the  cheaj)est  and  the  ([uickest 
trader  in  the  work!. 

As  louii  as  the  sailors  of  the  United  States  retain  these 
mental  advantages,  and  the  practical  superiority  which  they 
derive  from  them,  they  will  not  only  continue  to  supply  the 
wants  of  the  producers  and  consumers  of  their  own  coun- 
try, but  they  will  tend  more  and  more  to  become,  like  the 
English,  the  factors  of  other  nations.*     This  prediction  lias 

*  It  must  not  he  supposed  that  Englisli  vessels  are  exclusively  employed 
in  transporting  foreif^n  produce  into  En<^land,  or  British  produce  to  foreij:;u 
countries  :  at  the  present  day,  the  merchant  ship|)ing  of  Ku<^hind  nniy  he 
regarded  in  the  light  of  a  vast  system  of  public  conveyances,  ready  to  serve 


(■((.MMKUCIA'.    I'noSI'lJJIiV    o|     nil.    IMIIM    SIATKS     .'4!> 


tliese 

I  they 

tlie 

loun- 

tho 

lias 

bloyed 

proi;!;ii 

[ay  be 

serve 


nlrcady  Iic^mim  t«»  Ik-  rciili/.cd  ;  we  jn'rcfivr  that  tlif  Airwr- 
icaii  tradt'i's  ai'r  iiitrodiiciiii'  tlifin-rl\fs  ;i>  iMtfi'iiit'iliutc 
a;ji'iits  ill  the  coimiU'rcc  ot' several  l^iifdin-aii  nations:*  imd 
America  will  oMer  a  still  wider  field  t<»  tlieir  eiiter|iri>e. 

Tlu'  iireat  ('(i|(»iiies  wliicli  were  rounded  in  Soiitli  Auier- 
ica  l)V  the  Spaniards  and  the  l'ortn<Mii'se  have  sinee  lucdine 
I'inpii'es.  ('i\il  wai*  and  o|t|iression  now  la\'  \\a>te  tho^e 
extensive  rei;ions.  {'opnlatioii  does  not  inei'i-a^e,  inid  th" 
thinlv  scattei'eil  inhahitaiits  arc  too  mneii  alworhed  in  the 
cares  of  selt-dereiiei'  i'\cn  to  attempt  anv  amelionition  (•!' 
thi'ir  condition.  IJnt  it  will  not  alwavs  he  so.  l'!ni'o[ie 
lias  siK'ceeded  hv  her  own  ell'orts  in  iiierein!"'  the  ^looni  of 
the  Middle  Aijes.  South  America  has  the  same  (hristian 
laws  and  usages  as  we  ha\e  ;  she  contains  all  the  ^^.t'rm-  of 
civilization  which  have  e;r()wn  amidst  tlie  nati(»ns  of  l^n'ope 
or  their  offsets,  added  to  the  athantajjvs  to  he  derived  from 
our  examjde  :  why,  then,  should  she  always  remain  unciv- 
ilized ?  It  is  clear  that  the  ([uestion  is  sim]»ly  one  o|  time  ; 
at  some  future  period,  which  may  he  more  or  less  remote, 
the  inhabitants  of  South  America  will  form  flourishin<i;  and 
enli<i;htened  nations. 

But  when  the  Spaniards  and  Portn<i;uese  of  South  Amer- 
ica l)en;in  to  feel  the  wants  common  to  all  cixilizi'd  nations, 
they  will  still  he  unable  to  satistV  those  wants  fi»r  them- 
selves ;  as  the  youiieest  children  of  civilizati(»n,  they  must 
perforce  admit  the  superiority  of  their  elder  hrt'thivn. 
They  will  be  aiiriculturists  loni;  bi'fore  thev  succeed  in 
manufactures  or  commerce  ;  and  they  will  reipiire  the  me- 
diation of  strantfers  to  excdian^e  their  jtroduce  beyond  seas 
for  those  articles  for  which  a  demand  will  beoin  to  be  felt. 

It  is  unquestionable  that   the   Americans  of  the  North 

all  the  prodncors  of  tlio  world,  and  to  often  commiuiieations  between  all  na- 
tions. The  niiiritime  f;cniiis  of  the  vVniericaiis  pronijtts  them  to  enter  into 
eoiniK'titioii  with  the   Knj;'lisli. 

*   I'art  of  the   couniieree  of  the  Mediterranean  is  already  earried  on  by 
Amcriean  vessels. 


650 


DEMOCRACY    IN    AMERICA. 


will  one  day  l)e  called  upon  to  supply  tlie  wants  of  the 
Americans  of  the  South.  Nature  has  placed  them  in  c(m- 
ti<j;uity,  and  has  furnished  the  former  with  every  means  of 
knowino;  and  appreciating  those  demands,  of  establishing 
permanent  relations  with  tliose  States,  and  gradually  filling 
their  markets.  The  mercliant  of  the  United  States  could 
only  forfeit  these  natural  advantages  if  he  were  very  infe- 
rior to  the  merchant  of  Europe ;  but  he  is  superior  to  him 
in  several  respects.  The  Americans  of  the  United  States 
already  exercise  a  great  moral  influence  upon  all  the  na- 
tions of  the  New  World.  They  are  the  source  of  intelli- 
gence ;  and  all  those  who  inhabit  the  same  continent  are 
already  accustomed  to  consider  them  as  the  most  enlight- 
ened, the  most  powerful,  and  the  most  wealthy  members 
of  the  great  American  flimily.  All  eyes  are  therefore 
turned  towards  the  United  States  :  these  are  the  models 
which  the  other  communities  try  to  imitate  to  the  best  of 
their  power ;  it  is  from  the  Union  that  they  borrow  their 
political  principles  and  their  laws. 

Tile  Americans  of  the  United  States  stand  in  precisely 
the  same  position  with  regard  to  the  South  Americans  as 
their  fathers,  the  English,  occupy  with  regard  to  the  Ital- 
ians, the  Spaniards,  the  Portuguese,  and  all  those  nations 
of  Europe  which  receive  their  articles  of  daily  consumj)- 
tion  fro!n  England,  because  they  are  less  advanced  in  civil- 
ization and  trade.  England  is  at  this  time  the  natural 
emporium  of  almost  all  the  nations  which  are  within  its 
reach ;  the  American  Union  will  perform  the  same  part 
in  the  other  hemisphere ;  and  every  community  which  is 
founded  or  which  prospers  in  the  New  World,  is  founded 
and  prospers  to  the  advantage  of  the  Anglo-Americans. 

If  the  Union  were  to  be  dissolved,  the  conunerce  of 
the  States  which  now  compose  it  would  undoubtedly  be 
checked  for  a  time ;  but  less  than  one  would  think.  It  is 
evident  that,  whatexer  may  happen,  the  commercial  States 


FUTURF    PROSPKCTS    OF   THE   UNirKD   STATKS. 


")')! 


Ital- 

ions 

uin])- 

ivil- 

tnral 

11  its 

part 

■li  is 

led 


t    IS 

tatcs 


will  remain  united.     They  are  contiguous, 
same    o})inions,   interests,   and    maimers ;    : 


,  they  have  tlie 
md    thev  alone 


form  a  great  maritime  power.     Even  if  the  South  of  tiie 


U 


to  ht 


independent  of  the  North,  it 


Id 


oome 
still  require  the  services  of  those  States.  1  have  already 
observed  that  the  South  is  not  a  commercial  country,  and 
nothing  indicates  that  it  will  become  so.  The  Amei-icans 
of  the  South  of  the  United  States  will  therefore  long  be 
obliged  to  have  recourse  to  strangers  to  export  their  pro- 
duce, and  supply  them  with  the  commodities  whicli  satisfy 
their  wants,  liut  the  Northern  States  are  undoubtedly 
able  to  act  as  their  intermediate  an;ents  cheaper  than  any 
other  merchants.  They  will  therefore  retain  that  employ- 
ment, for  chea})ness  is  the  sovereign  law  of  commerce. 
Sovereign  will  and  national  prejudices  cannot  long  resist 
the  influence  of  cheapness.  Nothing  can  be  more  virulent 
than  the  hatred  whicli  exists  between  the  Americans  of  the 
United  States  and  the  English.  But  in  sj)ite  of  these 
hostile  feelings,  the  Americ;ins  derive  most  of  their  manu- 
factured commodities  from  Ensi-land,  because  Eniiland  sun- 
plies  them  at  a  cheaper  rate  than  any  other  nation.  Thus 
the  increasing  prosperity  of  America  turns,  notwithstand- 
ing the  crrudiie"  of  the  Americans,  to  the  advantaoe  of 
British  manufiictures. 

Reason  and  experience  prove  that  no  commercial  pros- 
perity can  be  durable  if  it  cannot  be  united,  in  case  of 
need,  to  naval  force.  This  trutli  is  as  well  understood  in 
the  United  States  as  anywhere  else :  the  Americans  are 
already  able  to  make  their  flag  respected ;  in  a  few  years 
they  will  make  it  feared.  I  am  convinced  that  the  dis- 
memberment of  the  Union  would  not  have  the  effect  of 
diminishing  the  naval  power  of  the  Americans,  but  would 
powerfully   contribute    to    increase    it.*      At   present,  the 

*  This  proplu'cy  has  ahrady  hccii  fullillcd  in  a  rcmarkaiile  inaiiner  Iiy 
the  trroat  struggle  wiiieh  is  uuw  going  on  between  tlie  North  and  tiie  South. 
—  Am.  Ed. 


r)52 


DEMOCRACY   IN   AMERICA. 


If 
ll 


commercial  States  are  connected  with  others  which  are 
not  commercial,  and  which  unwillingly  beliold  tlie  Increase 
of  a  maritime  power  by  Avhich  they  are  only  indirectly 
benefited.  If,  on  the  contrary,  the  commercial  States  of 
the  Union  formed  one  and  the  same  nation,  commerce 
would  become  the  foremost  of  their  national  Interests ; 
they  'would  consequently  be  willing  to  make  gi*eat  sacri- 
fices to  protect  their  shipping,  and  nothing  would  prevent 
them  from  pursuing  their  desires  upon  this  point. 

Nations,  as  Avell  as  men,  almost  always  betray  the  prom- 
inent features  of  their  future  destiny  In  their  earliest  years. 
When  I  contemplate  the  ardor  with  which  the  Anglo- 
Americans  prosecute  commerce,  the  advantages  wliich  aid 
them,  and  the  success  of  their  undertakings,  I  cannot  help 
believing  that  they  will  one  day  become  the  first  maritime 
power  of  the  globe.  They  are  born  to  rule  the  seas,  as 
the  Romans  were  to  conquer  the  world. 


CONCLUSION. 

I  AM  approaching  the  close  of  my  inquiry :  hitherto,  in 
speaking  of  the  future  destiny  of  the  United  States,  I  have 
endeavored  to  divide  my  subject  into  distinct  portions,  in 
order  to  study  each  of  them  with  more  attention.  My 
present  object  is  to  embrace  tlip  whole  from  one  point  of 
view ;  the  remarks  I  shall  make  will  be  less  detailed,  but 
they  wmII  be  more  sure.  I  shall  perceive  each  object  less 
distinctly,  but  I  shall  descry  the  principal  facts  Avith  more 
certainty.  A  traveller,  who  has  just  left  a  vast  ci  .  climbs 
the  neighboring  hill ;  as  he  goes  flirther  off,  he  loses  sight 
of  the  men  whom  he  has  just  quitted ;  their  dwellings  are 
confused  in  a  dense  mass ;  he  can  no  longer  distinguish 
the  public  squares,  and  can  scarcely  trace  out  the  great 
thoroughfares ;  but  his  eye  has  less  difficulty  in  following 


FUTT'RK    PROSrECTS    OF   TIIK    UNITKD   STATES. 


55:'. 


.'ing 


•the  boundarios  of  tlie  oitv,  and  for  tlie  first  tiiiu'  he  soos 
the  shape  of  tlie  whok".  Such  is  the  future  (h'stiny  of  tlic 
British  race  in  North  America  to  my  eve  ;  the  (U-tails  of 
the  immense  picture  are  k)st  in  the  shade,  hut  I  conceive 
a  clear  idea  of  the  entire  subject. 

The  territory  now  occupied  or  possessed  by  the  United 
States  of  America  forms  about  one  twentieth  part  of  the 
habitable  earth.  But  extensive  as  these  bounds  are,  it 
must  not  be  supposed  that  the  Anglo-American  race  will 
always  remain  within  them ;  indeed,  it  has  already  gone 
far  beyond  them. 

There  was  a  time  when  we  also  might  have  created  a 
great  French  nation  in  the  American  wilds,  to  counter- 
balance the  influence  of  the  English  upon  the  destinies  of 
the  New  World.  France  formerly  possessed  a  territory  ia 
North  America  scarcely  less  extensive  than  the  whole  of 
Europe.  The  three  greatest  rivers  of  that  continent  then 
flowed  within  her  dominions.  The  Indian  tribes  which 
dwelt  between  the  mouth  of  the  St.  Lawrence  and  the 
delta  of  the  Mississippi  were  unaccustomed  to  any  other 
tongue  than  ours ;  and  all  the  European  settlements  scat- 
tered over  that  immense  region  recalled  the  traditions  of 
our  country.  Louisburg,  Montmorency,  Duquesne,  Saint- 
Louis,  Vincennes,  New  Orleans,  (for  such  were  the  names 
they  bore,)  are  words  dear  to  France  and  familiar  to  our 
ears. 

But  a  course  of  circumstances,  which  it  would  be  tedious 
to  enumerate,*  have  deprived  us  of  this  magnificent  inher- 
itance. Wherever  the  French  settlers  were  numerically 
weak   and   partially   established,    they   have   disappeared : 

*  The  foremost  of  these  circumstances  is,  that  nations  whicli  are  accus- 
tomed to  township  institutions  and  municipal  f^overnment  arc  l^etter  alile 
than  any  others  to  found  prosperous  colonies.  The  hahit  of  thinkinji;  and 
governin<^  for  one's  self  is  indispensable  in  a  new  country,  where  su<'ccss  ne- 
cessarily depends  in  a  great  measure  upon  the  individual  exertions  of  the 
settlers. 

24 


554 


1)i:m(KI{Ac;v  in  am;;i:ica. 


m 


those  wlio  remain  are  coUectt'd  on  a  small  extent  of  coun- 
try, and  are  now  .snhject  to  other  laws.  The  400,000 
Freneh  inhabitants  of  Lower  Canada  constitute  at  the 
present  time  the  remnant  of  an  old  nation  lost  in  the 
midst  of  a  new  people.  A  foreign  jjopulation  is  increas- 
inij  around  them  imceasinnlv  and  on  all  sides,  who  already 
penetrate  amongst  the  former  masters  of  the  country,  j)re- 
dominate  in  their  cities,  and  corrupt  their  language.  This 
population  is  identical  wirh  that  of  the  United  States  ;  it 
is  therefore  with  truth  that  I  asserted  that  the  British  race 
is  not  confined  within  the  frontiers  of  the  Uiiion,  since  it 
alivady  extends  to  the  northeast. 

To  the  northwest,  nothing  is  to  be  met  with  but  a  few 
insignificant  Russian  settlements  ;  but  to  the  southwest, 
JVIexico  presents  a  barrier  to  the  Anglo-Americans.  Thus, 
tlie  Spaniards  and  the  Anglo-Americans  are,  properly 
speaking,  the  two  races  which  divide  the  possession  of  the 
New  World.  The  limits  of  separation  between  them  have 
been  settled  by  treaty ;  but  although  the  conditions  of  that 
treaty  are  flivorable  to  the  Anglo-Americans,  I  do  not 
doubt  that  they  will  shortly  infringe  it.  Vast  provinces, 
extendino;  beyond  the  frontiers  of  the  Union  towards  Mex- 
ico,  are  still  destitute  of  inhabitants.  The  natives  of  the 
United  States  will  people  these  solitary  regions  before  their 
rightful  occupants.  They  will  take  possession  of  the  soil, 
and  establish  social  institutions,  so  that,  when  the  legal 
owner  at  length  arrives,  he  will  find  the  wilderness  under 
cultivation,  and  strangers  quietly  settled  in  the  midst  of 
his  inheritance. 

The  lands  of  the  New  World  belono;  to  the  first  occu- 
pant ;  they  are  the  natural  reward  of  the  swiftest  pioneer. 
Even  the  countries  which  are  already  peopled  will  have 
some  difficulty  in  securino;  themselves  from  this  invasiim. 
I  have  already  alluded  to  what  is  taking  ]>lace  in  the  jirov- 
ince  of  Texas.     The  inhabitants  of  the  United  States  are 


FUTURE    PROSPKCTS   OF   TIIK    UNIIKl)    STATKS. 


i>.)0 


liuler 
of 


porj)ctually  niii2;r;i^inii;  t(^  Texas,  wluTc  thoy  purcliasf  land  ; 
and  altliouiili  tlicv  contorni  to  the  laws  of  the  countrv,  tliev 
are  gradually  founding  the  empire  of  their  own  language 
and  their  own  manners.*  The  province  of  'i\'.\as  is  still 
}>art  of  the  Mi'xiean  dominions,  but  it  will  soon  contain 
no  ^Mexicans  ;  the  same  thing  has  occurred  wherever  the 
.\71glo-Americans  have  come  in  contact  with  a  j)eople  of  a 
ditferent  origin. 

It  cannot  be  denied  that  the  liritish  race  has  ac([uired  an 
amazing  preponderance  over  all  other  European  races  in 
the  New  \\'^orld  ;  and  it  is  very  superior  to  them  in  ci\il- 
i/ation,  industry,  and  })ower.  As  long  as  it  is  surrounded 
only  by  desert  or  thiidy-])eopled  countries,  as  long  as  it 
encounters  no  dense  population  uj)on  its  route,  through 
which  it  cannot  work  its  way,  it  will  assuredly  continue  to 
spread.  The  lines  marked  out  by  treaties  will  not  stop  it ; 
but  it  will  everywhere  overleap  these  imaginary  barriers. 

The  geograj)hical  position  of  the  P)ritish  race  in  the  New 
World  is  })eculiarly  favorable  to  its  ra[>id  increase.  Above 
its  northern  frontiers  the  icy  rejxions  of  the  Pole  extend ; 
and  a  few  degrees  below  its  southern  confines  lies  tlie  burn- 
ing climate  of  the  Equator.  The  Anglo-Americans  are 
therefore  placed  in  the  most  temperate  and  habitable  zone 
of  the  continent. 

It  is  generally  supposed  that  the  prodigious  increase  of 
population  in  the  United  States  is  posterior  to  their  Decla- 
ration of  Independence.  P>ut  this  is  an  error :  the  po{)u- 
lation  increased  as  rapidly  under  the  colonial  s^'stem  as  at 
the  present  day ;  that  is  to  say,  it  doubled  in  about  twenty- 
tv/o  years.  Put  this  proportion,  which  is  now  aj)plied  to 
millions,  was  then  apjdied  to  thousands,  of  inhabitants ; 
and  the  same  fact,  which  was  scarcely  noticeable  a  century 
aso,  is  now  evident  to  e\erv  observer. 

*  III  loss  than  ten  years  after  De  Toequcville  wrote,  the  auuexatiou  of 
Texas  fulHlled  tins  prophecy.  —  Am.  Ed. 


656 


DKMOCRACY    IN    AMERICA. 


The  English  in  Canada,  wlio  arc  dependent  on  a  kinir, 
augment  and  spread  almost  as  ra})idly  as  the  British  settlers 
of  the  United  States,  who  live  under  a  re})ubliean  govern- 
ment. During  the  war  of  Independence,  which  lasted 
eight  years,  the  population  continued  to  increase  without 
intermission  in  the  same  ratio.  Although  powerful  Indian 
nations  allied  with  the  English  existed,  at  that  time,  u]>on 
the  western  frontiers,  the  emigration  westward  was  never 
checked.  Whilst  the  enemy  laid  waste  the  shores  of  the 
Atlantic,  Kentucky,  the  Avestern  parts  of  Pennsylvania, 
and  the  States  of  Vermont  and  of  Maine,  were  filling  with 
inhabitants.  Nor  did  the  unsettled  state  of  thiniis  which 
succeeded  the  war  prevent  the  increase  of  the  pf)pulation, 
or  stop  its  progress  across  the  wilds.  Thus,  the  difference 
of  laws,  the  various  conditions  of  peace  and  war,  of  order 
or  anarchy,  have  exercised  no  perceptible  influence  upon 
the  continued  development  of  the  Anglo-Americans.  This 
may  be  readily  understood,  for  no  causes  are  sufficiently 
general  to  exercise  a  simultaneous  influence  over  the  whole 
of  so  extensive  a  territory.  One  portion  of  the  country 
always  offers  a  sure  retreat  from  the  calamities  which  afflict 
another  part ;  and  however  great  may  be  the  evil,  the 
remedy  which  is  at  hand  is  greater  still. 

It  must  not,  then,  be  imagined  that  the  impulse  of  the 
British  race  in  the  New  World  can  be  arrested.  The  dis- 
memberment of  the  Union,  and  the  hostilities  which  micht 
ensue,  the  abolition  of  republican  institutions,  and  the  ty- 
rannical government  which  miixht  succeed,  mav  retard  this 
impulse,  but  they  cannot  prevent  the  people  from  ultimately 
fulfilling  their  destinies.  No  power  upon  earth  can  shut 
out  the  emigrants  from  that  fertile  wilderness  which  offers 
resources  to  all  industry,  and  a  refuo;e  from  all  want.  Fu- 
ture  events,  whatever  they  may  be,  will  not  deprive  the 
Americans  of  their  climate  or  their  inland  seas,  their  great 
rivers  or  their  exuberant  soil.     Nor  will  bad  laws,  revo- 


FUTrni:  i'iiosri:cTS  of  the  united  states. 


OOI 


this 
itelv 
shut 
)ffers 
Fu- 
tile 


lutioiis,  and  aiuin.-liy  be  abU'  to  obliterate  that  love  of 
prosperity  and  spirit  of  enterj)rise  which  sei-ni  to  be  the 
distinctive  characteristics  of  their  race,  or  e.\tin>;uisli  al- 
together the  knowledoe  which  jiuides  them  on  their  way. 

Thus,  in  the  midst  of  the  uncertain  future,  one  event  at 
least  is  sure.  At  a  period  whicjj  may  be  said  to  be  near, 
—  lor  we  are  speakinii  of  the  life  of  a  nation, —  the  Aniilo- 
Americans  alone  will  cover  the  innnense  space  contained 
between  the  })oha'  regions  and  tiie  tropics,  extending  from 
the  coasts  of  the  Atlantic  to  those  of  the  Pacific  Ocean. 
The  territory  which  will  j)robably  be  occnpieil  by  the 
Anglo-Americans  may  })erhaps  efjual  three  (piarters  of 
Euro})e  in  extent.  The  climate  of  the  Union  is,  upon  the 
whole,  preferable  to  that  of  Europe,  and  its  natural  advan- 
tages are  as  great ;  it  is  therefore  evident  that  its  population 
will  at  some  future  time  be  proportionate  to  our  own.  Eu- 
rope, divided  as  it  is  between  so  many  nations,  and  torn  as 
it  has  been  by  incessant  wars  growing  out  of  the  barbarous 
manners  of  the  Middle  Ages,  has  yet  attained  a  population 
of  410  inhabitants  to  the  square  league.  What  cause  can 
prevent  the  United  States  from  having  as  numerous  a  pop- 
ulation in  time  ? 

Many  ages  must  elapse  before  the  different  oflPsets  of 
the  British  race  in  America  will  cease  to  present  the  same 
physiognomy  ;  and  the  time  cannot  be  foreseen  at  which  a 
permanent  inequality  of  condition  can  be  established  in  the 
New  World.  Whatever  differences  may  arise,  from  peace 
or  war,  freedom  or  oppression,  prosperity  or  want,  between 
the  destinies  of  the  dift'erent  descendants  of  the  great  An- 
glo-American family,  they  will  all  preserve  at  least  a  simi- 
lar social  condition,  and  will  hold  in  common  the  customs 
and  opinions  to  Avhich  that  social  condition  has  given  birth. 

In  the  Middle  Ages,  the  tie  of  religion  was  sufficiently 
powerful  to  unite  all  the  different  populations  of  Euroj)e 
in  the  same  civilization.     The  British  of  the  New  World 


558 


DKMOCRACY  IN   AMERICA. 


have  a  thousand  other  reei})rocal  ties  ;  and  they  live  at 
a  time  when  the  tendeney  to  e(juahty  is  general  amongst 
mankind.  The  Middle  Ages  were  a  period  when  every- 
thing was  broken  up,  —  when  eaeh  })eople,  eaeh  })rovinee, 
each  eitv,  and  each  family  tended  stroiiiily  to  maintain  its 
distinct  indiviiluality.  At  the  present  time,  an  opjiosite 
tendency  seems  to  prevail,  and  the  nations  seem  to  he  ad- 
vancing to  unity.  Our  means  of  intellectual  intercourse 
imite  the  remotest  parts  of  the  earth  ;  and  men  cannot 
renuiin  strangers  to  each  other,  or  be  ij^norant  of  what  is 
taking  j)lace  in  any  corner  of  the  globe.  The  conse(pience 
is,  tliat  there  is  less  difference  at  the  ])resent  day  between 
the  Euro]»eans  and  their  descendants  in  the  New  World, 
in  spite  of  the  ocean  which  divides  them,  than  there  was 
between  certain  towns  in  the  thirteenth  century,  which 
were  separated  only  by  a  river.  If  this  tendency  to  as- 
similation brings  foreign  nations  closer  to  each  other,  it 
must  a  fortiori  prevent  the  descendants  of  the  same  peo- 
ple from  becoming  aliens  to  each  other. 

The  time  will  therefore  come,  when  one  hundred  and 
fifty  millions  of  men  will  be  living  in  North  America,* 
equal  in  condition,  all  belonging  to  one  family,  owing  their 
origin  to  the  same  cause,  and  preserving  the  same  civiliza- 
tion, the  same  language,  the  same  religion,  the  same  habits, 
the  same  manners,  and  imbued  with  the  same  opinions, 
propagated  under  the  same  forms.  The  rest  is  uncertain, 
but  this  is  certain  ;  and  it  is  a  fact  new  to  the  world,  —  a 
fact  wdiich  the  imagination  strives  in  vain  to  grasp. 


m* 


There  are  at  the  present  time  two  great  nations  in  the 
world,  w^hicli  started  from  different  points,  but  seem  to  tend 
towards  the  same  end.  I  allude  to  the  Russians  and  the 
Americans.     Both    of  them   have   grown    up   unnoticed  ; 

*  Tliis  would  be  a  population  proportionate  to  that  of  Europe,  taken  at  a 
mean  rate  of  410  inhabitants  to  the  square  league. 


FUTrRF,    rROSI'KCTS   OF    TIIK    INITKl)    STATKS. 


559 


}ry- 


* 


aiul  wliilst  tlu'  iitti'iition  of  iiiJinkiiid  wjis  diivcti'd  dsc- 
wluMV,  tlu'v  liiive  suddenly  jdact'd  tlji'insclvcs  in  tlu-  IVont 
rank  anionu'  the  nations,  and  tlu*  world  li-anu'd  tlu'ir  exist- 
ence  and  their  t^reatness  at  almost  the  same  time. 

All  other  nations  seem  to  have  nearly  reached  their  nat- 
ural limits,  and  they  have  only  to  maintain  their  jiowci- ; 
hut  these  are  still  in  the  act  of  orowth.*  All  the  otiiers 
have  stop})ed,  or  continue  to  advance  with  extivme  dilli- 
culty  ;  these  alone  are  })roceedinii'  with  ease  and  celerity 
along  a  ])ath  to  which  no  limit  can  he  j)erceive(l.  The 
American  struiiii'les  auainst  the  ohstacles  which  nature  oi>- 
})()ses  to  him ;  the  adversaries  of  the  Russian  are  men. 
The  former  comhats  the  wilderness  and  savage  life  ;  the 
latter,  civilization  with  all  its  arms.  The  conquests  of  the 
American  are  therefore  gained  bv  the  i)loui'hshare  ;  those 
of  the  Russian  by  the  sword.  The  Anglo-American  re- 
lies upon  personal  interest  to  accomplish  his  ends,  and  gives 
free  scope  to  the  unguided  strength  and  common  sense  of 
the  people ;  the  Russian  centres  all  the  authority  of  society 
in  a  single  arm.  The  i)rincipal  instrument  of  the  former 
is  freedom  ;  of  the  latter,  servitude.  Their  starting-point 
is  different,  and  their  courses  are  not  the  same ;  yet  each 
of  them  seems  marked  out  by  the  will  of  Heaven  to  sway 
the  destinies  of  half  the  o-lobe. 


*  The  population  of  Russia  increases  more  rapidly  than  that  of  any  other 
country  in  the  Old  World. 


END   OF  VOLUME  I. 


1  at  a 


Cumbridge  :    Stcrcotj'ped  and  Printed  by  Welch,  Bigelow,  &  Co. 


